Alameda Transient Convicted of 2 Counts of Rape, Pleads to Arson

ALAMEDA, CA — A transient man was convicted earlier this week of two counts of rape for sexually assaulting a woman in her car in Alameda two years ago. Andrew Gutierrez, 24, also pleaded guilty to multiple counts of arson for setting seven different fires early on the morning of Sept. 28, 2014, that caused $3 million in damage to Alameda homes and businesses.

Gutierrez was convicted on Monday of rape of an intoxicated woman and rape of an unconscious woman for sexually assaulting a woman in her car on Park Street, near Jackson Park, on the night of Sept. 19, 2014, nine days before the arson fires.

Alameda County prosecutor Matt Gaidos said Gutierrez found the victim passed out in her vehicle. The victim had drank alcohol and pulled over because she felt it was unsafe for her to drive. She had vomited on herself after she pulled over and then got into the back seat, Gaidos said. Gutierrez moved her car to a nearby park, got into the back seat and had intercourse with her, causing her to wake up and tell him to stop,
according to Gaidos.

As the woman put her pants on afterward, Gutierrez allegedly asked her, "Are you going to report me?"
Gutierrez then told the victim to drive him and directed her to a location where he suddenly got out of the car and ran off, according to Gaidos.

The woman reported the crime and her car was processed for fingerprints, which later matched the prints that Alameda police had on file for Gutierrez when he was arrested on the arson charges, Gaidos said. Gutierrez recently pleaded guilty to the arson counts just before his rape trial started and is scheduled to be sentenced by Alameda County Superior Court Judge Gloria Rhynes on Jan. 5 for both the arson and rape
cases.

Gaidos said Gutierrez faces a possible sentence of up to 23 years and four months in state prison. Upon his release from prison, he'll have to register as both an arson offender and a sexual offender.

By Bay City News

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