"Toddler Jane Doe" - 4 yo - Muskegon County MI

MUSKEGON COUNTY — A Muskegon County jury has found a mentally
challenged Muskegon man guilty of two felonies in the sexual assault of
a 4-year-old girl.



Shane GutierrezAfter
a four-day trial, the jury Friday afternoon convicted Shane Nicholas
Gutierrez, 22, of second-degree criminal sexual conduct for molesting
the child, and larceny from a person for stealing her underpants.
Jurors deliberated from about 11 a.m. to about 3 p.m.

Sentencing is set for 1:30 p.m. March 15.

On
Thursday, Circuit Court Judge Timothy G. Hicks granted a defense motion
to throw out a charge of first-degree criminal sexual conduct on the
grounds that the prosecution’s trial evidence and testimony hadn’t
proven it.

On Jan. 29, Hicks had suppressed Gutierrez’s
confession to police on the grounds that it was “involuntary,” making
prosecutors unable to use the statement at the trial. However, Hicks
also ruled Gutierrez competent to stand trial. Experts have said he has
the intellect of an 8-year-old.

The case stemmed from an
incident Nov. 18, 2007, at an adult foster care home where Gutierrez
lived. Police reported that Gutierrez sexually assaulted the child, who
was visiting a relative at the home in the 1600 block of Sanford
Street. Police said the girl went to the home with a relative to visit
another relative.

Gutierrez made contact with her in the kitchen
area of the home and took her to his room. Police said he then took her
underpants off, sexually assaulted her and gave her a gold coin not to
tell anyone.

According to court records, Gutierrez has a history of child molestations.