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Man faces preliminary hearing in peace officer battery case

Posted: March 17, 2014 6:57 p.m.
Updated: March 17, 2014 6:57 p.m.

A preliminary hearing has been set for as Azusa man charged with driving under the influence of a controlled substance and battery of a peace officer following a struggle with law enforcement officers of the California Highway Patrol in August, said a spokesman for the Los Angeles County District Attorney’s office.

Eduardo Gutierrez, 37, appeared in San Fernando Superior Court on Friday and was ordered back in court April 8 for a preliminary hearing, said Los Angeles County District Attorney’s office spokesman Ricardo Santiago.

Gutierrez was pulled over on the southbound Interstate 5 late Aug. 28 near Highway 138 for allegedly failing to observe a lane closure, said California Highway Patrol Officer John Lutz in a news release issued at the time.

Gutierrez stopped his 2003 Ford Expedition vehicle but then sped away from the scene at speeds reaching 100 mph, Lutz said. CHP officers pursued him and disabled his car on the freeway south of Parker Road using a spike strip, Lutz said.

Officers took him to the CHP Newhall office for evaluation because he appeared to be impaired, Lutz said. There he became combative and tried to run away.

“Officers struggled with Gutierrez, taking him to the ground,” Lutz wrote in the release. Gutierrez “sustained facial injuries during the struggle and was transported to Henry Mayo Newhall Memorial Hospital ... for treatment of his injuries.”

Gutierrez is charged with felony evading, driving under the influence of a controlled substance, battery on a peace officer and resisting arrest, Lutz said.

Within a week of his arrest, Gutierrez appeared in Citrus Municipal Court in West Covina on a separate charge.

On Sept. 5, he pleaded no contest to a misdemeanor count of trespassing on state property, Santiago said.

“He was sentenced to 12 days in jail, one year summary probation, and $140 restitution,” he said, referring to the trespassing charge.
on Twitter @jamesarthurholt





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