WARSAW — A Ligonier man is putting his future in the hands of local work release officials who will decide if he spends nearly five years behind bars.

Kenny N. Gutierrez

Kenny Nicholas Gutierrez, 38, 501 South Martin St., Ligonier, pleaded guilty on Aug. 9 to burglary, a level 4 felony; residential entry, a level 6 felony; and resisting law enforcement, a level 6 felony. He appeared in Kosciusko County Superior Court I in front of Judge David Cates on Thursday, Oct. 4 for sentencing.

Police say that on Nov. 2, 2017, an employee of Stuckman Towing and Salvage in Syracuse told police that Gutierrez was hiding in one of the company’s impound lots with a stolen golf cart. Police reported locating Gutierrez and they attempted to escort him to the office, the suspect fled. According to the report, an employee of Stuckman’s told police that Gutierrez was spotted exiting a nearby residence. Police later learned that the owner of the property located Gutierrez inside the house after hearing another resident screaming and ordered Gutierrez to leave. Police found Gutierrez hiding in a camper. He told police he’d gotten the golf cart from someone currently incarcerated, but an investigation found that the golf cart had been stolen by that inmate from another individual.

The defense attorney for Gutierrez, Dana Leon, told Cates that Gutierrez wasn’t like other defendants because she said Gutierrez is a skilled welder and is educated. She said that while he also has other criminal issues in Allen County, officials in that county have stated they would not be opposed to Gutierrez serving any Allen County sentences on work release in Kosciusko County, should he be approved. Gutierrez told Cates he has family that needs his support and said “If you guys consider me for work release, you guys will never see me in a courtroom again.”

Cates said consideration for his family role could have been made sooner. “You have a substantial criminal history,” Cates said. “Don’t come here and tell me how you have people to support when you’re out committing crimes.”

For the burglary charge, Cates sentenced Gutierrez to six years with the Indiana Department of Corrections and suspended the final year in favor of probation. He ordered Gutierrez to serve one year each on the final two charges and suspended both of those sentences in favor of probation. Gutierrez received 27 days credit for time served. Cates added that Gutierrez could apply for work release and if approved, could serve his nearly five-year sentence on the burglary charge in that manner. “I hope you qualify,” Cates said.