Arrests Fail to Sideline California EMT

A Northern Californian with a history of stalking and arrests for child sexual abuse, indecent exposure, spouse battering and vandalism is working as an emergency medical technician for the San Francisco Fire Department, despite a prosecutor's warning last year that he is "a very serious risk" to the community.

The case of Timothy Lee Gutierrez, 39, of Fairfield, demonstrates the state's inability to intervene when counties don't sideline rescuers with past convictions or fresh arrests. California is the only state where top officials lack that power.

Sen. Roy Ashburn, R-Bakersfield, said the Gutierrez situation adds urgency to his legislative push for the state to take over licensing and mandatory background checks of the state's 70,000 EMTs.

"The system in place today does not provide an adequate level of protection to the public," Ashburn said last week on learning of Gutierrez. "There's not just suspicious behavior here, but a past criminal conviction as well."

The state Emergency Medical Services Authority now oversees licensing and discipline for California's 16,000 paramedics, while a patchwork of county and regional agencies do the job for EMTs.

In Gutierrez's case, the state is well aware of his off-duty arrests since December 2005, which court records identify as injuring a former wife, vandalizing her car and refusing to obey a court restraining order in a domestic relations case with another woman. It also knows about his 2001 conviction for contributing to the delinquency of a minor.

But the state cannot revoke or suspend Gutierrez's EMT certification because it was issued by Solano County's Emergency Medical Services Cooperative. Solano County did suspend his certification last year, only to reinstate it.

The San Francisco Fire Department says it cannot take action because Gutierrez's certification came from another agency and because the charges against him involve off-duty activities.

"There are little loopholes in there that prevent us from doing anything," said Fire Department spokeswoman Lt. Mindy Talmadge.

By contrast, when a New Jersey EMT was arrested in 2002 for attempted sexual assault, luring, endangering the welfare of a child and possession of child pornography, that state suspended his certification within six days and permanently revoked it three years later.

Three women who applied to Solano Superior Court for restraining orders against Gutierrez expressed shock that he continues to work in a public safety job.

The women -- two of whom met Gutierrez through an online dating site -- all claim in court records Gutierrez stalked them. They spoke to The Bee on condition they would not be identified because they remain afraid of him.

"He should be nowhere near an emergency response vehicle," said one of the women.

Through his Fairfield attorney, Denis Honeychurch, Gutierrez declined to be interviewed. Honeychurch said he is confident his client will be acquitted of the child sexual abuse charge. He declined comment on the other pending criminal charges.

Court documents filed in the restraining order cases include a copy of a text message that one woman said Gutierrez sent her in 2006 -- after she called 911 for help. The message writer denied he was a child molester and apologized for scaring the woman: "I am a good person. I do good things for people. Don't make me feel like a criminal."

Gutierrez's most recent arrest came on May 14, when Fairfield police zapped him with a Taser after an apartment manager reported a fully dressed man fondling himself. The manager told police the same man had exposed himself several other times at the complex, said police Lt. Al Bagos.

When officers arrived, Gutierrez fled, jumping three fences and hiding in bushes until subdued with the stun gun, Bagos said.

Gutierrez was booked into Solano County jail on charges of causing a public nuisance through indecent behavior, loitering and obstructing the work of peace officers. He was released later that day on $4,800 bail.