Gutierrez will be held in custody in Durango, Colo., where he will make his initial court appearance tomorrow afternoon, Friday, Jan. 30, 2009.
Gutierrez was named in a two-count indictment returned by a federal grand jury in Denver on Jan. 27, 2009.
Count 1 of the indictment alleges that on Jan. 12, 2009, Gutierrez did knowingly and willfully transmit in interstate commerce an e-mail threat from Cortez, Colo., to the FBI in Washington, D.C., which stated that he was "going to assassinate the new president of the United States of America." The threat further stated, "PS you have 48 hours to stop it from happening."
Count 2 of the indictment alleges that on Jan. 12, 2009, the defendant did knowingly and maliciously convey false information in interstate commerce from Cortez, Colo., to the FBI in Washington, D.C., via e-mail. Specifically, he sent a threat to damage and destroy property by use of explosives. The threat read in part, "I have rigged 40 pounds of C4... my favorite TNT to 7 cars outside the Mall of America." It also stated, "what are you waiting for you have 48 hours."
The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty in a court of law.
If convicted of Count 1, transmission in interstate commerce of threats, the defendant faces not more than five years in Federal prison, and up to a $250,000 fine. If convicted of Count 2, transmission of threats in interstate commerce to use explosives, Gutierrez faces up to 10 years in federal prison and not more than a $250,000 fine.
This case was investigated by the U.S. Secret Service and the FBI.
Gutierrez is being prosecuted by Assistant U.S. Attorney Robert Mydans of the District of Colorado.
Source: U.S. Department of Justice
