A Los Alamos man charged with molesting two girls, one of whom is disabled, was ordered today to stand trial on all six counts filed against him.
Francisco Diaz Gutierrez, 51, was held to answer sexual assault charges at the conclusion of his preliminary hearing before ‘Judge Zel Canter in Santa Barbara County Superior Court in Santa Maria.
Police detectives testified during the preliminary hearing that the sisters, who are now 9 and 15 years old, communicated to them that Gutierrez kissed them using his tongue and touched them sexually.
The older sister, referred to in court as Jane Doe 1, suffers from cerebral palsy, said Santa Maria police Det. Michael McGehee, and counselors and teachers have said that she might also be slightly autistic.
Jane Doe 1 communicates using nods, hand motions and by making grunting and groaning noises, McGehee said.
Gutierrez has been charged by the District Attorney’s Office with three felony counts against Jane Doe 1, consisting of: rape of an incompetent person, lewd act upon a child and anal and genital penetration by a foreign object.
The defendant also has been charged with three felony counts of a forcible lewd act upon a child against the 9-year-old girl, referred to in court as Jane Doe 2.
If Gutierrez is convicted of any of the counts, he must register as a sex offender.
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