Murder charge filed in Battle Ground boy’s death

Murder and assault charges have been filed against the man accused of killing his girlfriend’s 3-year-old son last week at their Battle Ground home.

Ricardo Gutierrez, 39, allegedly beat and stabbed Jose “Pepe” Castillo-Cisneros to death after the child started crying over a movie that he didn’t want to watch, according to court records. The boy was autistic, according to his family.

Gutierrez faces charges in Clark County Superior Court of first-degree domestic violence murder and second-degree domestic violence assault in connection with the May 23 slaying at the home in the 1600 block of Southwest Sixth Street. The Clark County Prosecuting Attorney’s Office filed the charges Thursday, court records show.

First-degree domestic violence murder does not carry the possibility of the death penalty; only the crime of aggravated first-degree murder does. Although Gutierrez and the boy were household members, it doesn’t appear there was a previously established pattern of abuse over the last five years, which is one of 14 aggravating factors that could allow prosecutors to seek the death penalty.

The assault charge stems from injuries that Pepe’s mother, Yadira Cisneros-Sanchez, sustained while trying to stop Gutierrez from assaulting Pepe, police said. She sustained injuries to her leg and neck, and a possible broken arm, police said.

Gutierrez will be arraigned on the charges Friday afternoon. In the meantime, he continues to be held at the Clark County Jail on $1.5 million bail.

Gutierrez was not Pepe’s father, according to the Battle Ground Police Department. He had lived at the residence for only a couple of months, court records indicate.

In an interview with police, Gutierrez said he didn’t remember attacking Pepe and said that he has blacked out in the past from anger.

Gutierrez has a history of violent crimes. He was convicted in 2007 of second-degree assault stemming from a domestic violence case involving a former girlfriend in Jackson County, Ore. He was sentenced to 70 months in prison and three years’ post-prison supervision. Gutierrez was also originally charged with attempted murder in that case, but that charge was later dismissed.