ALBUQUERQUE (KRQE) - A Metropolitan court judge raised the bond for Richard Gutierrez to $125,000 cash only during his first court hearing Thursday
Meanwhile, police say his 5-year-old stepson is showing no improvement, and doctors believe he has virtually no brain activity.
Police say Gutierrez admitted to throwing the child against a dresser on Tuesday night after the boy wet his pants.
In his call to 911 that night you can hear Gutierrez desperately trying to revive the boy while telling dispatchers the boy fell from the bed.
Police say Gutierrez told them what really happened after doctors found other bruising on the boy..
Gutierrez is charged with child abuse resulting in great bodily harm
Before raising his bond, Magistrate Judge Benjamin Chavez cited his past domestic violence convictions involving his wife and the severity of this case. If Gutierrez is able to come up with the $125,000, he must stay away from his family and from his apartment where the crime happened.
Doctors say while they continue to conduct tests on the boy he is showing virtually no brain activity and remains on life support. They say it's highly unlikely his injuries are survivable.
Police say a 5-year-old boy is in the hospital and showing no signs of brain activity after he was thrown into a dresser by his stepfather for wetting his pants.
APD arrested Richard Gutierrez, 31, on a charge of child abuse resulting in great bodily harm or death, a first-degree felony.
According to the criminal complaint, police responded to a 911 call at the Villas Esparanza Apartment complex at 3901 Lafayette, near Carlisle and Comanche.
Investigators say they found the boy unconscious and unresponsive on the floor. He was taken to UNM Hospital.
According to a search warrant and criminal complaint, doctors told police the boy had suffered massive head trauma and had no brain activity.
Police say Gutierrez initially told 911 operators and a detective that he was watching his 1-year-old in another room when he heard a crash and ran to find the boy had fallen off of the bed.
But according to the complaint, when detectives told Gutierrez the boy's injuries didn't match up with that story, he admitted he had thrown the boy off the bed into a dresser. Police say Gutierrez told them he "snapped" when the boy urinated in his pants and lied about it.
Police say the boy's mother, identified in a search warrant as Desiree Gutierrez, was out attending school when all of this occurred and neighbors tell us she was distraught when she came home.
"She was crying in the street yelling at the guy, 'What did you do to my son?'" said Darvina Paul, who lives one floor above the family.
Richard Gutierrez has a criminal history dating back to 1999 including convictions for attempted armed robbery and domestic violence. He has also faced auto theft and assault charges.
A criminal complaint from 2010 shows Desiree Gutierrez was thrown to the ground by Richard Gutierrez after she tried to leave him. According to the complaint, Desiree Gutierrez told police he had kneed her in the stomach weeks earlier, causing her to have a miscarriage.
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