Ex-cop accused in cabbie assault in trouble before


City of Santa Fe settled civil suit for $32K

SANTA FE, N.M. —The former Santa Fe police officer accused of using excessive force on a cab driver was also at the center of a civil lawsuit less than a year ago.
On March 30, Jose Gutierrez pulled over taxi cab driver Dawn Burgeois for a traffic violation. Dash camera video from his patrol car showed Gutierrez wrestling Burgeois to the ground after she got out of her car, ignoring his orders to stay inside.
Soon after, she and her attorney filed a claim of excessive force.
Gutierrez resigned from Santa Fe police, but no reason was given.
This isn't the first time Gutierrez has been accused of breaching his duty. Last July, he pulled over Martin Pacheco for a license plate violation and failure to stop.
But Pacheco's attorney said in a claim notice to the city in 2013, Gutierrez's dash cam video showed Pacheco did stop.
Gutierrez told other officers he smelled alcohol on Pacheco's breath.
"When I asked how much he had to drink, (Pacheco) first told me he had Listerine, and then subsequently he said he actually had two Modelos," he said.
Pacheco was arrested and charged with DWI.
According to documents obtained by Action 7 News, Pacheco's attorney said his client is disabled and unable to perform filed sobriety tests. He claimed he was falsely imprisoned, falsely arrested and maliciously prosecuted.
That claim was dropped when the city settled for $32,500.
Pacheco's DWI case and charges associated with it were dism