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Bryton Wegner

Wegner

A Columbus man accused of raping a woman in April has been charged in Platte County District Court with six felonies.

Defendant Juan Gutierrez, 32, was arraigned in district court Friday on charges of second-offense first-degree sexual assault, burglary, terroristic threats, attempted second-degree assault, stalking and tampering with a witness.

The prosecution filed an amended complaint in the case after a check of the defendant’s prior criminal history revealed a May 18, 2010, first-degree sexual assault conviction in Platte County.

The amended sex assault is a Class II felony, punishable by up to 50 years in prison and requiring a 25-year mandatory minimum for a second offense.

The defense has filed a motion in district court to review the defendant’s bond in the case, which was originally set at $500,000, 10 percent allowed for release.

According to the defense motion, Gutierrez was working as a shipping manager at Heartland Products at the time of his arrest, has lived in the community for a number of years and is not a flight risk.

The motion reports that the defendant cannot post the current bond amount due to his financial situation, but may be able to post a lesser amount.

The motion also states Gutierrez will have no contact with the person making the allegations against him and he will abide by any reporting requirements of bond.

A Columbus Police investigation began about 6:30 a.m. April 18 with the city woman reporting the sexual assault by the defendant, who had been jailed March 30 for third-degree domestic assault.

The woman, according to Investigator Jaymee Levander’s probable cause arrest statement, reported Gutierrez had been contacting her while he was incarcerated from March 30 to April 4.

The investigator said that when the defendant was released April 4, the county court issued an order that Gutierrez have no contact with the woman.

On Wednesday morning, Levander said, the woman reported finding the defendant “standing over her bed” while telling her he was there to stab her boyfriend.

In other court news:

*Bryton Wegner is accused of second-degree domestic assault stemming from a June 9 after the 26-year-old city man and his girlfriend returned home from a night of drinking.

Wegner was arraigned on the felony charge on Friday.

Wegner was sentenced to two years of probation for conviction of strangulation and third-degree domestic assault in connection with a July 2017 case involving the same victim.

Wegner was ordered to undergo a substance abuse evaluation and follow any recommendations from the evaluation, including attending a domestic violence prevention program while he was on probation.

Jim Osborn is a reporter for The Columbus Telegram. Reach him via email at jim.osborn@lee.net 

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Jim Osborn is a news reporter at The Columbus Telegram.

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