A Battle Ground man accused of killing his girlfriend’s 3-year-old son in May 2016 has requested a bench trial with no jury.
The trial for Ricardo Gutierrez is scheduled to begin Nov. 27 in front of Clark County Superior Court Judge Robert Lewis.
Gutierrez, 40, previously pleaded not guilty to first-degree domestic violence murder and second-degree domestic violence assault for allegedly beating and stabbing Jose “Pepe” Castillo-Cisneros to death May 23, 2016, at their Battle Ground home. He was not the boy’s father.
Clark County Prosecuting Attorney Tony Golik and Deputy Prosecutor Colin Hayes are handling the case.
During a morning hearing Thursday, Gutierrez formally waived his right to a jury trial. His attorney, Ed Dunkerly, however, was adamant that the waiver was on the condition that Lewis, who’s currently the assigned judge, would preside over the trial.
Lewis told the defense that he couldn’t guarantee that, because unforeseen circumstances are always possible. But Gutierrez went forward with the decision, anyway.
The prosecution and defense also agreed that statements Gutierrez made to Battle Ground police on May 23 are inadmissible at trial but could be used for impeachment purposes if Gutierrez testifies and makes inconsistent statements.
Gutierrez attacked Pepe after the child reportedly became upset over a movie he didn’t want to watch, according to a probable cause affidavit filed in Superior Court.
Gutierrez also is accused of harming the boy’s mother, Yadira Cisneros-Sanchez, as she tried to stop him. Police said she suffered injuries to her leg, arm and neck.
