On February 25, 2006 in Farmersville, Johnny Gutierrez, a 21-year-old Norteno gang member of Farmersville, attacked and beat two men who were at a 9-year-old boy’s birthday party.  This attack happened because one of the victims was wearing a blue shirt, which signified the color of Gutierrez’ rival gang, the Surenos.  The victims were not involved in gangs. 

Johnny Gutierrez committed the attack with several of his fellow Norteno gang members; neither Gutierrez nor his fellow gang members were supposed to be at the boy’s birthday party.  Instead, they were at a neighbor’s house in the cul-de-sac when they saw the victim in the blue shirt talking on a cell phone outside.  The birthday boy and other children were also outside when this attack occurred.  When the first victim was attacked for wearing the blue shirt, he fell to the ground into a fetal position.  About four gang members continued to kick and hit this victim.  The second victim, who was the uncle of the birthday boy, started to go outside to help his friend, but then was hit over the back of the head and blacked out.  Gutierrez and two other gang members then proceeded to kick and hit the second victim while he was lying on the ground motionless.  Gutierrez stomped on the victim’s head several times until the mother of the birthday boy, who knew Gutierrez, yelled Gutierrez’ name.  Startled, Gutierrez and his gang members stopped attacking the two victims and fled the area.  Gutierrez was arrested the next day wearing gang attire.

Before committing this attack, Gutierrez had recently been released from county jail after serving time for his last gang case, which was for doing gang graffiti on a business across the street from his house in Farmersville. 

The jury trial was in November, 2006.  The jury found Gutierrez guilty as charged, which included felony assaults along with causing great bodily injury and the gang allegations.  The Court found true that Gutierrez had a prior strike, which was his prior gang case.

On March 29, 2007, Judge Couillard sentenced Gutierrez to 28 years in state prison.  Officer Tony Mosqueda, Farmersville Police Department was the investigating officer, Detective Matthew Sanchez, Farmersville Police Department was the gang expert, and Deputy District Attorney Todd Zocchi was the prosecutor.

Contact person:  Assistant District Attorney, Don Gallian 559-733-6411.