San Francisco, CA – San Francisco District Attorney Brooke Jenkins announced today that her office secured a conviction of Jose Gutierrez (41), after a trial by jury for attacking the owner of a vehicle he had tampered with. Mr. Gutierrez was convicted of assault with a deadly weapon (PC 245(a)(1)) and tampering with a motor vehicle (VC 10852).

“The jury’s verdict holds Mr. Gutierrez accountable and sends a message condemning violence in our community,” said District Attorney Brooke Jenkins. “I would like to thank the victim in this case who put his faith in law enforcement and the criminal justice system to deliver justice after he was accosted for no reason and was attacked for trying to protect himself and his property. My office will always stand with victims of crime and fight for justice on their behalf in the courtroom.”

According to testimony and other evidence presented at trial, on March 7, 2024, at about 9:30 PM, the victim left his SOMA home and walked toward his car, intending to drive to Safeway before it closed. As he approached, he noticed Mr. Gutierrez in his car. The victim told Mr. Gutierrez to leave and tried to pull him out of his vehicle. Mr. Gutierrez then kicked the victim and struck him in the face with a 3-foot long metal pipe. Witnesses called police who promptly arrived, questioned both men and ultimately arrested Mr. Gutierrez.

The case against Mr. Gutierrez was successfully prosecuted by Assistant District Attorney Kirk Earl, with assistance from paralegals Joshua Nickchen and Andres Hernandez-Ruano, and IT support from Noaeh Pinaire. Prosecutors were able to develop a strong case against Mr. Gutierrez based on the careful investigation of the San Francisco Police Department’s Southern Station.

“I would like to thank the jury for thoughtfully considering the law of self-defense in coming to this verdict,” said Assistant District Attorney Kirk Earl. “This verdict shows that victims of unprovoked, violent crime will be treated seriously and believed in San Francisco.”

Mr. Gutierrez is currently in custody. He faces up to eighteen months in county jail for his crimes. Sentencing is scheduled for May 15, 2024.

Court Number: 24004155