New trial sought for man found guilty in knife attack
Sentencing was delayed Tuesday in Kern County Superior Court for a man found guilty of swinging a knife at two people and slashing one of the victim’s tires at Martin Luther King Jr. Park as his defense attorney seeks a new trial.
Daniel Valdez Gutierrez, 38, was found guilty on Jan. 22 of two counts of assault with a deadly weapon, one count of possessing controlled substance paraphernalia and one count of vandalism worth more than $400 in the April 26, 2023 incident.
Valdez Gutierrez’s defense attorney, Jason Westerfeld, requested the delay in order to review court transcripts. Westerfeld said he intends to submit a motion for a new trial following his review.
Valdez Gutierrez was originally scheduled to be sentenced in February. Judge Tiffany Organ-Bowles was reluctant to grant a continuance after the sentencing was delayed for months because she said if she grants the request this time, she wonders what the issue will be at the next hearing.
After Organ-Bowles, Westerfeld and Deputy District Attorney William Mord had a brief sidebar, the judge made it clear to both attorneys this was the last delay before sentencing.
“This will be the last continuance granted as this case has been floating around for a while,” Organ-Bowles said.
A news release from the Kern County District Attorney’s Office said Valdez Gutierrez approached the first victim and demanded a drink. When the first victim refused, Valdez Gutierrez went to the victim’s car, pulled out a knife and slashed the tires. He then threatened to kill the victim and started swinging the knife at the victim, the DA’s office reported.
A second person went over to intervene. Valdez Gutierrez then swung the knife at that second victim multiple times and fled, according to the DA.
Valdez Gutierrez could face up to 11 years and four months in prison. His sentencing is scheduled for June 6, if the judge upholds the current guilty verdict and a new trial is not granted.