Denilson Gutierrez

Name:
Gutierrez, Denilson

Date of Booking:
07/11/2026

Reason(s) For Booking:
BATTERY – FAMILY VIOLENCE (1ST OFFENSE) MISD

SIMPLE BATTERY – FAMILY VIOLENCE

CRUELTY TO CHILDREN-CAUSES EXCESSIVE PHYSICAL OR MENTAL PAIN – 1ST DEGREE

DUI – DRIVING UNDER THE INFLUENCE OF ALCOHOL

DRIVING WHILE LICENSE SUSPENDED OR REVOKED (MISDEMEANOR)

Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]

On July 10th, 2026 at approximately 2246 hours, Deputy Hill was dispatched to the area of Harden Bridge Rd, Commerce in reference to a suspicious incident.

Deputy Hill was notified by the reporting party [REDACTED BY AGENCY] (Cl) that a mother was fleeing her husband with her young child. [REDACTED BY AGENCY] also explained that the mother and child were actively hiding in the yard of [REDACTED BY AGENCY] Harden Bridge Rd as the husband drove by in a Toyota passenger later seen to bear South Carolina tag # [REDACTED BY AGENCY]. It should be noted, [REDACTED BY AGENCY] previously had an encounter with the husband on the above date where he was also extremely intoxicated and offered to purchase them beer.

Deputies searched the area and after some time they located the mother and child. Due to both parties being native Spanish speakers and were unable to understand English, deputies requested Officer Ertly to respond who speaks fluent Spanish. The mother identified herself as [REDACTED BY AGENCY] (V1) and the [REDACTED BY AGENCY] (V2). Deputies observed [REDACTED BY AGENCY] had a bloody nose and asked if she was struck by her husband. [REDACTED BY AGENCY] indicated that she was struck by her husband and further indicated that he is home at [REDACTED BY AGENCY] Harden Bridge Rd. [REDACTED BY AGENCY] identified her husband as Denilson Gutierrez (D1). Deputies did not observe any redness on [REDACTED BY AGENCY] however, it appeared there might be some swelling on [REDACTED BY AGENCY] head.

Upon Officer Ertly arriving he interviewed [REDACTED BY AGENCY]. [REDACTED BY AGENCY] advised when she returned home with [REDACTED BY AGENCY] she noted Gutierrez was severely intoxicated. [REDACTED BY AGENCY] requested that Gutierrez stop drinking which caused him to become irate. Gutierrez then struck [REDACTED BY AGENCY] in the face multiple times with a closed fist. Gutierrez then shifted to [REDACTED BY AGENCY] and struck her with a closed fist. [REDACTED BY AGENCY] then intervened to shield [REDACTED BY AGENCY] from the abuse which caused her to get her hair pulled and to be struck with a closed fist multiple more times. At this point the parties separated, and she and [REDACTED BY AGENCY] later fled the house to separate from Gutierrez. Gutierrez then got into the aforementioned vehicle and began driving to search for them which ultimately prompted the neighbors to contact law enforcement.

Deputy Hill made contact with Gutierrez at the residence. Deputy Hill noted Gutierrez was impaired by alcohol as evidenced by his slow sluggish demeanor and potent odor consistent with alcohol emanating from his body. It was also noted that there were several empty beer bottles in plain sight on the porch and in the residence. While attempting to communicate with Gutierrez, it became apparent that he also did not speak fluent English. Deputy Hill attempted to speak with him utilizing Google Translate but was not able to obtain any pertinent information. Due to the language barrier, Deputy Hill took a photo of Gutierrez and sent it to Corporal O’Connell to show to [REDACTED BY AGENCY]. Upon seeing the photo, [REDACTED BY AGENCY] positively identified Gutierrez as the subject who battered her and [REDACTED BY AGENCY]. While in contact with Gutierrez, Deputy Hill noted he had a bloody knuckle on his right hand which would be consistent with having struck someone with a closed fist. Deputy Hill placed Gutierrez into handcuffs behind his back while ensuring double locking and proper fitment.

Deputy Hill drove Gutierrez to Officer Ertly who mirandized him and he agreed to speak with him without legal counsel present. Gutierrez stated that he was drunk and was not aware of what happened.

Corporal O’Connell viewed a video of Gutierrez’s vehicle driving around looking for [REDACTED BY AGENCY] and [REDACTED BY AGENCY] via [REDACTED BY AGENCY] security footage. Due to that footage coupled with [REDACTED BY AGENCY] and her husband having seen Gutierrez operating the vehicle and their previous interaction with him, Deputy Hill determined it was reasonable that Gutierrez was in actual physical control of that vehicle and was operating it impaired. Furthermore, Gutierrez was seen impaired prior to the battery by [REDACTED BY AGENCY] and her family, was seen to be impaired by [REDACTED BY AGENCY] during the battery and then seen to be impaired by Deputy Hill after the battery. Therefore, based upon that timelapse of events a reasonable and prudent person would conclude that Gutierrez was impaired while operating the motor vehicle after he battered [REDACTED BY AGENCY] and before he was located by Deputy Hill.

Upon Deputy Hill querying Gutierrez via GCIC/NCIC it revealed he had multiple out of county warrants and a suspended driver’s license.

Due to the facts and circumstances stated above, Deputy Hill found probable cause to arrest Gutierrez for Battery, Simple Battery, Cruelty to Children 1st Degree, DUI Alcohol and Driving on a Suspended License.

Due to the nature of events coupled with DUI not being the primary reason for law enforcement’s intervention, Deputy Hill did not request Gutierrez participate in SFST’s nor did he read Gutierrez Implied Consent.

Corporal O’Connell photographed the victims and uploaded the photos to AXON Evidence.

Gutierrez was transported to the. Banks County Jail (160 Windmill Farm Rd, Homer) without further incident. Deputy Hill searched the rear prisoner compartment of his patrol vehicle before and after Gutierrez occupied it. Subsequently, no contraband was located.

BWC RECORDING (Multiple deputies and Officer Ertly)

DEPUTY HILL HAS SUCCESSFULLY ATTENDED THE STANDARDIZED FIELD SOBRIETY TESTING (SFST) AND ADVANCED ROADSIDE IMPAIRED DRIVING ENFORCEMENT (ARIDE) COURSES.

[End of Narrative]