F'ville man gets 28 years for 2 assaults

A Farmersville gang member was sentenced to 28 years in state prison on March 29 for beating two men at a child's birthday party for wearing blue shirts.

Norteno gang member Johnny Gutierrez, 21, of Farmersville, attacked and beat two men who were at a 9-year-old boy's birthday party on Feb. 25, 2006 party 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.

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 where 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.

Gutierrez was found guilty of two felony assaults along with causing great bodily injury and gang allegations by a jurty in November. Gutierrez also had a prior strike for gang allegations.

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.

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