A 36-year-old local man was recently arrested after police say he broke into a teenage girl’s bedroom through a basement window and had sexual intercourse with her.
Bryan Gutierrez, also known as Samuel Gomez-Martinez, of Aberdeen, has been charged with one felony count of lewd conduct with a minor under sixteen, according to police and court records the Idaho State Journal recently obtained.
The investigation unfolded the night of March 29 when Bingham County Sheriff’s Office detectives and patrol deputies were dispatched to a residence in Bingham County after a 911 call reported an unknown male had entered the home and the caller was uncertain how he had gained entry, according to a probable cause affidavit filed in 7th District Court.
Prior to law enforcement’s arrival, the teen’s father and brother had located Gutierrez inside the residence and physically removed him, the report says, adding that Gutierrez sustained injuries to his head and face during the removal and was subsequently transported by ambulance to Bingham Memorial Hospital.
Deputies made contact with the teenage girl at the scene where she told them she had met Gutierrez on Instagram and the two had been communicating through various messaging applications, according to the incident report.
She told deputies she had opened a basement window to allow Gutierrez into her bedroom, authorities said.
The girl, who is 15 years old, said she was unsure of Gutierrez’s age and estimated he was over 25 years old. She told investigators that she and Gutierrez had sex during the approximately one hour they were together in her room.
Investigators reviewed text messages between the teen and Gutierrez on her iPad, including a photo Gutierrez had sent her of the window well to her bedroom. Deputies also noted that when Gutierrez was being treated for his injuries, his belt was undone and the zipper on his jeans was open, the report says. His cell phone and clothing were also seized as evidence, authorities said.
Once medically cleared, Gutierrez was transported to the Bingham County Detention Center in Blackfoot and booked on the lewd conduct charge, the report shows.
Gutierrez appeared before 7th District Judge Scott H. Hansen for an arraignment hearing on March 30 where his bond was set at $200,000.
He is scheduled to appear in court again on Thursday for a preliminary hearing. Prosecutors will attempt to present sufficient evidence to elevate the case from magistrate to district court for trial.
The lewd conduct with a minor under sixteen charge filed against Gutierrez is punishable by up to life in prison and a fine of up to $50,000.