San Francisco, CA – San Francisco District Attorney Brooke Jenkins announced today that her office secured multiple felony counts of possession for sale of narcotics against Osman Gutierrez (38), after a trial by jury for drug dealing in the Tenderloin in four cases. Mr. Gutierrez was convicted of possession for sale of fentanyl (H&S 11351), possession for sale of methamphetamine (H&S 11378), two counts of possession for sale of cocaine base, one count of violating a court order and one count of simple possession of cocaine base. The Court also found true allegations that Mr. Gutierrez committed two of these counts while released on his own recognizance during the pendency of those cases.
“I would like to thank the jury for their service in this trial,” said District Attorney Brooke Jenkins. “My office will continue to do everything we can to ensure that drug dealers are held accountable and face consequences. Open-air drug markets drive violence, and rob our neighborhoods of safety and dignity.”
According to testimony and other evidence presented at trial, on January 17, 2023, at approximately 12:36 pm Mr. Gutierrez was arrested after SFPD officers saw him attempt to make a hand-to-hand narcotics transaction near UN Plaza. At the time of this arrest, he had 14.3 grams of fentanyl, 6.7 grams of methamphetamine and $233 in US Currency. While that case was pending, he was arrested again on August 16, 2023, at approximately 2:28 pm by SFPD officers near the entrance to a BART Station on Seventh Street and Market Street. At the time of this arrest, he had 12.6 grams of cocaine base and $130 in US Currency. He was also subject to a stay away order from this location as a condition of release from his January 2023 case. Less than one month later, he was arrested again while released on two pending narcotics sales cases on September 13, 2023, at approximately 2:13 pm on the unit block of Eighth Street. At the time of this arrest, he had 9.8 grams of cocaine base and $225 in US Currency and active warrants for failure to appear and violation of pretrial conditions on his previous cases. On August 30, 2024, he was arrested a fourth time at approximately 7:41 pm on the 500 block of Hyde Street after he was seen engaged in two hand-to-hand narcotics transactions with two separate individuals. At the time of this arrest, he had 1.7 grams of cocaine base and $619 in US Currency.
The case against Mr. Gutierrez was successfully prosecuted by Assistant District Attorney En-Ta Tu, with assistance from District Attorney Investigators, the subpoena unit and paralegals Clarence Brindle, Rieyad Allan, Andres Hernandez, Adrianna Loomis, Rodney Elliott, Brian Conwell, Rayna Bryan. Prosecutors were able to put on a strong case thanks to the dedication of officers and staff from the San Francisco Police Department’s Tenderloin Plainclothes Unit and the Drug Market Agency Coordination Center.
“This verdict is a testament to the continued efforts against the open-air drug market by the Drug Market Agency Coordination Center (DMACC) and Tenderloin Plainclothes Unit,” said Assistant District Attorney En-Ta Tu. “This verdict also demonstrates the efforts to stop repeat offenders from continuously selling on the streets in violation of the law and court orders.”
Mr. Gutierrez is currently in custody pending sentencing. Sentencing is scheduled for May 30, 2025.
Court Numbers:
23000790
23012866
23016100
24016072
###