18-year-old pleads guilty to assaulting teenager at Senior High
WILLMAR -- An 18-year-old Willmar man pleaded guilty Thursday to a misdemeanor charge of fifth-degree assault for beating up a student at Willmar Senior High School.
David Gutierrez Jr. was sentenced to 30 days in jail, which was stayed, a $300 fine and one year of probation. He was also ordered to pay $1,231.55 in restitution. The sentence was handed down in Kandiyohi County District Court by Judge Michael J. Thompson.
Gutierrez had also been charged with a felony count of third-degree assault. That charge was dismissed March 30 at the request of the county attorney's office. The dismissal noted that medical reports indicated the victim suffered no fractures of bones or teeth, therefore providing insufficient evidence for substantial bodily harm that would warrant the charge.
The charges were filed after the resource officer at the high school was called around 1 p.m. Jan. 21 to a disturbance. A school official had brought a student to the nurse's office to receive treatment for a laceration to his forehead that was bleeding excessively.
The victim told the school official another student, whom he didn't know, had approached him in the hallway, swore at him, questioned him and followed him. He said the student, later identified as Gutierrez, pushed him into a doorway, hit him and continued to hit him even after he had fallen to the floor. Gutierrez then walked away. The victim said he went to a restroom to attempt to stop his wound from bleeding.
The officer reviewed video surveillance and observed the confrontation. However, the assault was out of the camera's view. A student, who was seen on tape, was interviewed and said Gutierrez pushed the victim into the wall, hit him and caused a wound that split open the top of victim's forehead.
Gutierrez was interviewed and said the victim wanted to start a fight. He admitted to hitting the victim in the face and continuing to hit him after the boy fell down.