William Joey Gutierrez Sentenced In U.S. District Court
The United States Attorney's Office announced that during a federal court session in Billings, on February 14, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, WILLIAM JOEY GUTIERREZ, III, a 21-year-old resident of Pryor and an enrolled member of the Crow Tribe of Indians, appeared for sentencing. GUTIERREZ was sentenced to a term of:
Prison: 28 months
Special Assessment: $100
Supervised Release: 3 years
GUTIERREZ was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney E. Vincent Carroll, the government stated it would have proved at trial the following:
On April 17, 2012, GUTIERREZ and the victim were in the bedroom of their house in Dunmore on the Crow Indian Reservation. GUTIERREZ (later while being interviewed by law enforcement) admitted that, while in their bedroom, he hit the victim in her face with his closed fist because of "alcohol and jealousy." Both the victim and GUTIERREZ had been drinking. The victim was taken to the hospital, where she was treated for a fractured orbital and medial wall. Two treating physicians indicated that the victim's injuries constituted serious bodily injury because of extreme physical pain and protracted and obvious disfigurement.
Several witnesses at the house stated that they heard the victim yelling, "No!," and then saw the victim with a swollen eye shortly afterwards.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GUTIERREZ will likely serve all of the time imposed by the court. In the federal system, GUTIERREZ does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.