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Man who struggled with arresting officers gets 38 months in prison

Posted: May 7, 2014 12:35 p.m.
Updated: May 7, 2014 12:35 p.m.

An Azusa man initially charged with seven offenses has been sentenced to 38 months in state prison after pleading no contest to just two of the charges — evading an officer and driving under the influence of drugs or alcohol.

Eduardo Gutierrez, 37, appeared in San Fernando Superior Court April 11 and entered a plea of no contest to evading an officer and driving under the influence of drugs or alcohol. He was sentenced to 38 months in state prison and fined $500, said District Attorney spokesman Ricardo Santiago.

Prosecutors, however, dismissed five other charges against Gutierrez that included: obstructing a peace officer in the performance of his duties as defined under the California Health and Safety Code, being under the influence of a controlled substance, exhibiting a weapon against a peace officer and two counts of resisting arrest, a courtroom clerk said Wednesday.

On the night of Aug. 28, 2013, Gutierrez was pulled over on southbound Interstate 5 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. CHP officers pursued him and disabled his car on the freeway south of Parker Road in Castaic using a spike strip.

Officers took him to the CHP Newhall station 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 suffered facial injuries and was treated at a local hospital.

He remains in custody at the North County Correctional Facility at Pitchess Detention Center in Castaic, awaiting transfer to a state prison.
on Twitter @jamesarthurholt




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