February 4, 2009

TIMOTHY GUTIERREZ IS ARRAIGNED AND ORDERED DETAINED

Timothy Gutierrez, age 20, of Cortez, Colorado, appeared yesterday afternoon in U.S. District Court in Durango, before U.S. Magistrate Judge David West, for arraignment and a detention hearing.  Gutierrez entered the pro-forma plea of not guilty.  Magistrate Judge West then found that Gutierrez is a danger to the community, and thus ordered him to be detained without bond pending a resolution of his case.

The defendant is in the custody of the U.S. Marshals.  They will transport Gutierrez to Denver.  His next court hearing will be a status conference on Friday, February 6, 2009 at 2:30 pm, before a Denver U.S. Magistrate Judge.  A Federal Public Defender has been appointed to represent Gutierrez in court proceedings in Denver.

Last Friday, January 30, 2009, Gutierrez appeared before La Plata County Court Judge Martha Minot at the La Plata County Courthouse for his initial appearance, where he was advised of the charges pending against him.

Gutierrez is charged with sending threatening emails from Cortez, Colorado to the FBI in Washington, DC.  The first email threatened then President-elect Barack Obama.  The second threatening email said that C4 would be used to damage or destroy property at the Mall of America in Minneapolis, Minnesota.  Emailing a threat carries a penalty of not more than 5 years in federal prison, and up to a $250,000 fine.  Threatening to use an explosive device carries a penalty of not more than 10 years in federal prison, and up to a $250,000 fine.

This case was investigated by the FBI and the U.S. Secret Service.  The hearing yesterday was handled by Assistant U.S. Attorney Todd Norvell.  The case is being prosecuted by Assistant U.S. Attorney Bob Mydans.

The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty in a court of law.

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