According to Mesa Police, twenty-two-year-old (22) Joseph Dominick Gutierrez was arrested for vehicle burglary and assault after being positively identified in a photo lineup as the man who tried to steal money from the vehicle of a pizza delivery driver in Mesa. On Monday evening, at approximately ten (10) p.m., Officers responded to a possible burglary at an apartment complex near Gilbert Road and Inverness Avenue. According to Police, a pizza delivery employee said he left his vehicle unlocked while delivering a pizza and when he came back he saw a man, later identified as Mr. Gutierrez, in his vehicle holding his wallet. The delivery man confronted Mr. Gutierrez, but Mr. Gutierrez ran from the scene and jumped over a wall into a backyard. The delivery man chased after Mr. Gutierrez and tried to detain him. However, Mr. Gutierrez placed the delivery man in an arm lock and told the man he would break his arm if he did not shut off his cell phone. Mr. Gutierrez then released the delivery man and was seen running through a neighborhood with a second man. Officers detained the second man, who had a felony warrant, and this man gave Police Mr. Gutierrez’s name. Police later found the delivery man’s wallet and items belonging to Mr. Gutierrez in a nearby garbage can.
According to Arizona Revised Statute § 13-1506, “A person commits burglary in the third degree by: (2) Making entry into any part of a motor vehicle by means of a manipulation key or master key, with intent to commit any theft or felony in the motor vehicle.” Under Arizona law, burglary in the third degree is considered a Class 4 felony. Penalties for burglary vary depending on the facts of the case and can include fines, forfeiture of property, restitution, and jail or prison time.
If you are facing felony charges for vehicle burglary, contact the Phoenix criminal defense lawyers at Oracle Law Group for assistance with your criminal case.