- Associated Press - Thursday, December 29, 2016

LAS CRUCES, N.M. (AP) - The former Dona Ana County treasurer who was removed from office after being convicted of public corruption and gross immorality is appealing.

The Las Cruces Sun-News reports (https://bit.ly/2hsu7gd ) that an attorney for David Gutierrez last week filed a notice in state District Court to appeal the judgment that led to Gutierrez’s firing.

Gutierrez was removed from office on Nov. 31 after a jury convicted him of an ethics violation. He was accused of offering money to a female office employee to have sex with him.

Gutierrez, a 61-year-old Democrat, testified that what he said to the employee while they were driving in a county vehicle to the post office on Aug. 18, 2014 was a compliment, not a sexual proposition. “I was trying to lift her spirits,” he told the jury.

“We were talking, and at one point in the conversation, I told her that she was an attractive woman and that anybody would give her $1,000 for a couple of hours in the privacy of a hotel room,” he said.



In a separate appeal notice filed Dec. 1, prosecutors are seeking to reverse a Nov. 7 ruling dismissing criminal charges against Gutierrez. A judge had ruled that Gutierrez’s actions did not constitute a criminal offense.

Gutierrez’s attorney, Jose Coronado of Las Cruces, did not return requests for comment.

Gutierrez was removed from his office with only one month left in his final term. Earlier this month, the Dona Ana County commission appointed Chief Deputy Treasurer Eric Rodriguez to serve out the remainder of Gutierrez’s term, which would have ended on Dec. 31.

Rodriguez was elected treasurer last month in the general election.

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Information from: Las Cruces Sun-News, https://www.lcsun-news.com

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