Former central Texas police chief sentenced to 4½ years in federal prison for bribery

AUSTIN, Texas — The former chief of police of a small central Texas town was sentenced Friday to 4½ years in federal prison for a bribery and theft of honest services scheme.

This sentence was announced by U.S. Attorney Robert Pitman, Western District of Texas.

This investigation was led by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) with the assistance of the Department of Homeland Security's (DHS) Office of Inspector General (OIG), and the FBI.

Andres Tomas Gutierrez, 52, from Jarrell, Texas, was sentenced to 54 months in federal prison and three years of supervised release. Gutierrez pleaded guilty to the charges Feb. 7. By pleading guilty, Gutierrez admitted that from fall of 2011 to November 2013, he devised a scheme to defraud and deprive the citizens of Jarrell of their right to his honest services through bribery and concealing information. Gutierrez solicited and accepted cash bribes – between $10,000 and $40,000 – from several illegal aliens in return for requesting and obtaining for the aliens limited immigration benefits that the U.S. government intended and designed for law enforcement purposes. Gutierrez falsely represented to the U.S. government that the illegal aliens were assisting the Jarrell Police Department with ongoing investigations into narcotics trafficking and human trafficking.

"Acts of corruption within law enforcement threaten our nation's system of justice and undermine the honest and hardworking law enforcement personnel who consistently strive to keep that system the best in the world. The Department of Homeland Security will not tolerate corruption, and we will aggressively pursue those who choose to break the law," stated DHS OIG Special Agent in Charge J. Kirk Beauchamp.

"The FBI will continue to utilize all resources to investigate those who have taken an oath to serve and protect our communities and use their position as a public servant to shield their criminal activities and violate the trust of those they serve," stated FBI Special Agent in Charge Christopher Combs.

According to court records, individuals unconnected to the City of Jarrell and its police department introduced Gutierrez to illegal aliens who had money to pay for immigration benefits. Gutierrez or the individuals who made the introductions, or both, then met with the aliens and explained the benefits they could receive if they paid certain amounts of money. They lied to the aliens, telling them that the Jarrell Police Department would receive the money and use it to pay for law enforcement operations. They also told the aliens that they would provide information or assistance to the Jarrell Police Department for use in criminal investigations in return for the immigration benefits. That was also a lie. Gutierrez never asked the aliens to provide assistance or information in connection with criminal investigations. What Gutierrez asked for and received from the aliens was money.

Furthermore, with the help of the individuals who introduced him to the aliens, Gutierrez simply sold the aliens the benefits. After an alien paid his or her money, Gutierrez submitted to the U.S. government an application for the alien to receive what is known as a Significant Public Benefit Parole, which is a type of immigration status that federal immigration laws make available to aliens who actually assist federal, state and local law enforcement agencies. The Paroles authorize an alien to reside and work in the United States for up to a year, and they can be renewed. The applications that Gutierrez submitted said the aliens were providing assistance with ongoing criminal investigations by the Jarrell Police Department, which was false.

Also, Gutierrez never disclosed to the U.S. government that he was selling the Paroles.

Assistant U.S. Attorneys Alan M. Buie and Gregg N. Sofer, Western District of Texas, prosecuted this case.