Alameda County District Attorney's Office
Nancy E. O'Malley, District Attorney

Meet DA Nancy E. O'Malley

People v Andrew Resto Gutierrez

On October 24, 2016, a jury found defendant Andrew Resto Gutierrez guilty of rape of an intoxicated person and rape of an unconscious person.

On September 19, 2014, Defendant Gutierrez found the victim passed out in her vehicle on Park street in Alameda. The victim had drunk alcohol and felt it was unsafe for her to drive. She vomited on herself after she pulled over and climbed into the back seat to sleep.

Defendant Gutierrez moved her car to a nearby park, then climbed into the back seat with the victim. He had intercourse with the victim during which she awoke and told him to stop. Defendant Gutierrez asked the victim, "Are you going to report me?" as the victim put her pants back on, then demanded the victim drive him to a particular place. Suddenly, he exited the car and ran off.

The victim reported the crime and her car was processed for fingerprints. The prints recovered matched those the Alameda Police had on file for Defendant Gutierrez, based upon his arrest for six counts of Arson he committed on September 28, 2014, in downtown Alameda.

Just prior to the start of the trial, Defendant Gutierrez pled guilty to the arsons. He is scheduled to be sentenced for both the arsons and the rape charges on January 5, 2017. He will have to register as both an arsonist and sexual offender upon his release from prison.

The case was prosecuted by DDA Matt Gaidos with assistance from DA Inspector Jim Rullamas and Victim-Witness Advocate Marina Hammergren.

Posted on Oct 26, 2016