SANTA FE, N.M. (KRQE) – New video shows the moments leading up to a judge’s arrest for drinking and driving back in September. The video shows his family tried to take the fall for him, but failed.
Last month, Santa Fe Sheriff’s deputies were called to the Santa Fe Opera after they say a man hit a car while leaving The Wine and Chile Festival. That man happened to be El Paso Magistrate Judge Ray Gutierrez.
Deputies said they could smell alcohol coming from Gutierrez.
Deputy: “How much have you had to drink today?”
Gutierrez: “I don’t know. They were samples of glasses.”
Deputy: “How many samples?”
Gutierrez: “I don’t know. Five.”
Gutierrez agreed to do the sobriety tests, and that’s when deputies cuffed him. They charged him with DWI. Gutierrez’s son didn’t agree with what was going on and tried to fool the deputies.
Gutierrez’s son: “Say I was driving.
Gutierrez: “No, no, no.”
Deputy: “I saw it. You can’t say that you were driving.”
Son: “You can’t…you didn’t see s***.”
Deputy: “My car’s right there! I saw it!”
Gutierrez then tried to calm his son down.
Gutierrez: “Stop. Just go ahead and go out. Just bail me out. I’ll see you when you bail me out.”
Son: “But I was driving.”
Deputy: “Okay, let’s go.”
Shortly after, Gutierrez admitted to the deputy he had a gun on him. Having a gun on your person is illegal at a licensed liquor event.
Deputy: “Did you have this on you while you were drinking?”
Deputy: “You can’t do that!”
Gutierrez: “The way things are happening, I just…”
Deputy: “Sit down.”
Gutierrez was booked and charged with unlawful carrying of a firearm in a licensed liquor establishment and DWI. He blew a 0.10.
The firearm charged has since been dismissed and he pled not guilty to DWI.