A man accused of exposing himself says he nearly lost his life at the hands of a group of guys who beat him up and left him in the middle of a busy Albuquerque street.
The case now unfolding in court has 37-year old Danny Gutierrez facing an indecent exposure charge. Meanwhile, police are still looking for the teens accused of beating Guitierrez.
While Gutierrez was only recently arrested in connection to the case, Albuquerque Police began investigating in May 2018 over the Memorial Day Weekend.
On May 28, officers found Gutierrez severely beaten outside of the Sonic fast-food restaurant on Central near Juan Tabo.
In a police interview a month after the beating, Gutierrez told a detective he “almost died two times.”
The night Gutierrez was beaten, officers found him bloodied in the middle of the road.
“I don’t know what happened to this guy, he’s mid 20’s but it looks like he may have gotten hit by a vehicle of some kind,” said an Albuquerque police officer on body camera recording.
Body camera shows Gutierrez rolling around on the ground, covered in blood and moaning.
Officers would learn from witnesses that Gutierrez allegedly caused problems first, which eventually sparked a beating.
“You saw what happened?” an officer asked a witness.
The witness told police that Gutierrez was “showing the girls his ****.”
Before the fight occurred, Gutierrez was captured on the restaurant’s surveillance video pointing at people and lifting his shirt and waistband.
Employees told police Gutierrez kept buzzing Sonic’s intercom to speak with them.
One employee told people, “he just kept saying, ‘I love you,’ and … it made me feel uncomfortable, so I was like can you guys leave?”
Employees say it escalated when they asked Gutierrez to leave. Video shows Gutierrez pulling down his waistband toward a female employee, taking a manager’s hat off her head, also grabbing and throwing flowers in different directions.
According to a criminal complaint, Gutierrez was throwing flowers at other customers’ vehicles.
Restaurant surveillance video captured what appears to be the start of the fight. According to a criminal complaint, police say Gutierrez slapped a teenager in the parking lot and was beat up by a group of four guys who took off.
In a police interview a month after the beating, Gutierrez told a detective, “I don’t drink like how I was that day, I’ve never been that drunk before.”
Gutierrez is expected in court on an indecent exposure charge in October. Police are still looking for the four guys who beat Gutierrez, who could face assault charges.
On police body camera recordings, a detective can be heard saying about the case, “somebody took it a step further to where it didn’t need to go,” referencing the men who beat Gutierrez.