U.S. Department of Justice
United States Attorney
District of New Mexico
District of New Mexico
For Immediate Release
March 27, 2013
Kenneth Gonzales, United States Attorney
Contact: Elizabeth Martinez
Santa Fe Man Sentenced to Federal Prison for Armed Robbery of K–Mart Store in Santa Fe
ALBUQUERQUE — Anthony Gutierrez, 43, of Santa Fe, N.M., was sentenced this morning to 96 months in prison to be followed by three years of supervised release for a firearms conviction arising out of an armed robbery of a K–Mart Store in Santa Fe.
Anthony Gutierrez and his brother, Angelo Gutierrez, 22, were indicted in Jan. 2012, and charged with (1) conspiracy to violate the Hobbs Act by interfering with a business engaged in interstate commerce by robbery, (2) committing a Hobbs Act robbery, and (3) using and carrying a firearm in relation to a crime of violence. These three charges arose out of the Oct. 21, 2011 armed robbery of the K–Mart Store located at 1712 Saint Michaels Drive in Santa Fe. The indictment also charged Anthony Gutierrez, who previously had been convicted of residential burglary and larceny, with being a felon in possession of a firearm.
Anthony Gutierrez was arrested on Feb. 15, 2012, after being transferred from state custody to federal custody. He has been in federal custody since that time. On Nov. 21, 2012, Gutierrez pled guilty to using and carrying a firearm in relation to a crime of violence and to being a felon in possession of a firearm under a plea agreement with the U.S. Attorney’s Office. In entering his guilty plea, Gutierrez admitted entering the K–Mart Store on Oct. 21, 2011, with the intention of robbing the store of DVDs. While Gutierrez was attempting to steal the DVDs, K–Mart’s loss prevention officers attempted to apprehend him and he fought against the officers. During the fight, Gutierrez pointed a firearm at the officers causing the officers to release him and he fled from the scene with the firearm and the DVDs. Gutierrez admitted that he had a prior felony conviction at the time of these events.
Angelo Gutierrez was arrested on Feb. 8, 2012, after being transferred from state custody to federal custody. On Dec. 3, 2012, Angelo Gutierrez entered a guilty plea to the three counts of the indictment against him (the conspiracy count, the Hobbs Act robbery, and the firearms charge) without the benefit of a plea agreement. Angelo Gutierrez remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Santa Fe Police Department, with assistance from the K–Mart Store loss prevention officers. It was prosecuted by Assistant U.S. Attorneys Jon K. Stanford and Holland S. Kastrin.