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UPDATED: APD: Boy, 5, Abused, Near Death

ALBUQUERQUE, N.M. — 10:25am UPDATE: According to an affidavit for search warrant, Albuquerque police arrived an apartment in the Villas Esperanza Apartment Complex at 3901 Lafayette Dr. NE where a 5-year-old boy was reported unresponsive, after the boy’s stepfather Richard Gutierrez reported that the boy had fallen off a bed and was barely breathing.

The child, who appeared lifeless, was taken by ambulance to University of New Mexico Hospital, where he was later reported to be bleeding from the brain and with no brain activity, the affidavit said.

Gutierrez told police that he had been watching his 11-month-old son and 5-year-old stepson while his wife and the children’s mother was at school, the affidavit said.

Initially telling officers that the boy had fallen off his bed, Gutierrez later told detectives in a recorded interview that he “snapped” when the boy had urinated on himself and threw the child off the bed with “great force” and the boy’s head hit a dresser and a portion of the bed, according to to police.

Gutierrez said he picked up the boy, placed him in a bathtub, then tried to revive him with cold water, telling police he knew he was “in trouble,” according to the affidavit.


Albuquerque police have arrested Richard Gutierrez for allegedly abusing his 5-year-old stepson, leaving the child with severe brain damage, KOAT-TV is reporting.

Police told Action 7 News the alleged abuse occurred at a residence near Lafayette Drive and Comanche Road NE around 7 p.m. Tuesday.

According to KOB-TV, police said Gutierrez, 31, admitted he abused the boy, saying he threw the child down because he had wet his pants. The child may be brain dead and near death, Eyewitness News 4 is reporting.

Action 7 News reported that Gutierrez was booked into the Metropolitan Detention Center early this morning.

According to online MDC records, Gutierrez is being held without bond on a charge of child abandonment resulting in great bodily harm or death.

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