Three charged with sexual assault

By Thomas Garcia

QCS Senior Writer

Three Tucumcari residents are charged with crimes relating to the sexual assault of two children under age of 13, said 10th Judicial Chief Deputy District Attorney Timothy Rose.

Robert Capen, 31, Richard "Andrew" Gutierrez, 40, and Brandy Bemis, 31, were arrested Wednesday, according to a press release from the district attorney's office. The arrests were the result of an investigation by officers of the Tucumcari Police Department in conjunction with the Children, Youth and Families Department and the district attorney's investigative division.

Capen, Gutierrez and Bemis are all currently being held at the Quay County Detention Center.

Tucumcari Police Department Sgt. Bryan Holmes outlined why the three were arrested without a warrant in a statement of probable cause. According to the statement:

  • Holmes responded to a call at a Tucumcari residence from Children's Youth and Families Division
  • Holmes made contact with CYFD employee Cara Bugg, who informed him she had received a referral reporting that Gutierrez and Capen had sexually abused an 11-year-old female on various occasions between June 1 and July 18.
  • Later that same day Holmes was made aware of an arrest warrant for Capen for violations of conditions of release on pending criminal charges in the 10th Judicial District Court.
  • Capen was arrested and transported to the Tucumcari Police Department by Sgt. Paul Bell, where District Attorney's Office Investigator Frank Gutierrez and Holmes interviewed him.
  • Capen confessed to having committed crimes of a sexual nature against the 11-year-old.
  • Capen also said Gutierrez, who also goes by Andrew, had previously admitted to him sexual crimes he had committed against the girl.
  • At approximately 2 p.m., Holmes contacted Bugg, who told Holmes the girl was taken to Clovis at 10 a.m., to be interviewed by OASIS.
  • Bugg said that while she and the girl were traveling back to Tucumcari, the girl told her that Andrew had forced her to perform a sex act on him.
  • The girl later reported that Capen and Gutierrez forced her and another juvenile under the age of 13 to submit to sex acts.
  • Holmes learned that a medical examination had been completed on the 11-year-old and there was evidence of trauma.
  • The 11-year-old said Gutierrez had on at least one occasion performed a sex act sex on her and on a separate occasion attempted to penetrate her. In addition, the girl disclosed that on two occasions Gutierrez exposed himself to her and on one of these occasions in the presence of another child under 13,.
  • The 13-year-old confirmed that Gutierrez exposed himself to her.

Capen was charged with two counts of criminal sexual penetration, one count of criminal sexual contact, and two counts of enticement of a child.

Gutierrez was charged with three counts of criminal sexual penetration and two counts of enticement of a child.

Bemis was charged with one count of abuse or neglect of a child.

"This is a perfect example of how effective law enforcement agencies can be when they work together for the good of our community," Rose said. "The officers of the Tucumcari Police Department, the district attorney investigator, and CYFD came together as a cohesive unit and spent several long days and nights working tirelessly to conduct a thorough investigation with quick follow through."

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