The state rested this afternoon in the trial for a 24-year-old Hutchinson man charged in a child sexual abuse case.
Salvador Araujo-Gutierrez is accused of the alleged sexual abuse of a young girl occurring between 2006 and 2011. The incidents occurring when the child was first 7-years-old and continued till she was 11.
After the state rested, Judge Tim Chambers then dismissed the jury for the day. They will return at 9:30 a-m, Thursday morning.
Defense Attorney Kelly Driscoll wanted the court to find the state missed their burden when the victim in the case couldn’t identify the defendant when she took the stand Wednesday morning. That was denied, but Judge Chambers did take issue with one of the states charges. He indicated that from what he heard, one of the instances of alleged rape didn’t occur. He proposed dropping that charge, while District Attorney Keith Schroeder suggested the charge should be attempted rape. The judge agreed, so the state will amend that charge.
The state had also called two KBI investigators who managed to get some DNA samples from one of the alleged crime scenes. The DNA profile matched the defendant’s DNA, while a minor sample couldn’t be identified as to who the donor was, but the state suggest that common sense would dictate that it was that of the victim. That clarifies what we wrote earlier.
The alleged victim was also the stand Wednesday telling the jury of the alleged abuse. She told the jury that she never told anyone of the abuse worried she might get in trouble. But she did eventually tell one of her friends. That friend then told a school counselor who then contacted law enforcement. They then began the investigation leading to the arrest of Araujo-Gutierrez.
He is still charged with two other counts of rape as well as other criminal charges, many of which fall under Jessica’s Law, meaning he could be looking at multiple life sentences if convicted.
It is possible that the defense may present some evidence Thursday morning when the jury returns, and at this point, it looks like the jury should get the case sometime Thursday.