On or about March 9, 2026, at approximately 7:00 A.M., Faribault Police Officers were dispatched to 1920 2nd Street NW for a domestic. Dispatch advised "wants to kick sister's boyfriend out, boyfriend is no longer on scene, left two minutes ago, male was choking female, drove away in a red Honda, MN LIC SAM762, has hit her in the past." Upon arriving at the residence, Officers spoke to Adult Female Victim who said about 10-15 minutes prior to the police arriving she was in her bedroom with her boyfriend, DAVID ERNESTO GUTIERREZ MARTINEZ, [DOB REDACTED], the defendant herein, and she confronted him about all of the girls on his Instagram.
An argument ensued which ended with the defendant strangling Adult Female Victim. Adult Female Victim [NAME REDACTED] had strangled her before but today it was worse. On this day, the defendant used both of his hands. Adult Female Victim [NAME REDACTED] did not lose consciousness but she could not breathe. Adult Female Victim also said the defendant hit her and bit her phone. Adult Female Victim said she tried to protect herself. Adult Female Victim [NAME REDACTED] was more scared on this day than she has been in the past.
Officers spoke with Witness A who reported she heard Adult Female Victim make a frantic cry and when Witness A ran out of her room, she observed the defendant with both hands on her neck. Witness A said the defendant had pushed Adult Female victim down on the bed and Witness A had to hit the defendant to get him off of Adult Female Victim. Witness A explained that the defendant used his entire weight on Adult Female Victim [NAME REDACTED] was strangling her. Witness A said Adult Female Victim's face "damn near turned purple." Officers spoke with the defendant who said Adult Female Victim was upset when she saw all the girls he follows on Instagram.
The defendant said he damaged Adult Female Victim's phone but he never put his hands on her neck. Officers observed the defendant had a laceration to his right side collar bone, left side closer to his chest and his face.
