Man charged with sexual battery after altercation in Circle K bathroom

Gainesville Police arrested a man accused of attempting to rape a woman at a Circle K convenience store, located at 2152 NW 39th Ave., on Saturday evening.

Pedro Gutierrez, 28, was charged with sexual battery, domestic battery, possession of a controlled substance and false imprisonment.

According to the report, Gutierrez entered the Circle K bathroom alone around 4 p.m. The victim then went into the store to find him. Gutierrez called her into the bathroom and she entered willingly, according to the report.

Around 4:15 p.m., the two began arguing, but it quickly ended after Gutierrez kissed the victim, according to the report. A witness stated in the report they heard an argument and banging on the bathroom door.

The victim said she felt Gutierrez was kissing aggressively and tried to push him away. The victim tried to leave multiple times, but Gutierrez physically restrained her from leaving, the victim said.

Gutierrez then undressed the victim and attempted to rape her but failed, the victim said.

The witness said it appeared as if the victim was fixing her pants when both of them left the restroom and Circle K.

According to the report, as they walked toward a Sonic Drive-In parking lot, a witness saw the victim push Gutierrez. Gutierrez then pushed her to the ground and attempted to hit her.

The witness also stated they overheard the victim saying Gutierrez had tried to rape her.

After transporting Gutierrez to the GPD station, the arresting officer checked underneath the back seat of the patrol car where Gutierrez was sitting and found a plastic bag.

The bag contained a small pink pill, identified as dextroamphetamine, and a white powdery substance, identified as about 1.6 grams of methamphetamine, according to the report.

Gutierrez remained in Alachua County Jail on Saturday and Sunday in lieu of a $150,000 bail.

Follow Devoun Cetoute on Twitter @devoun_cetoute and contact him at dcetoute@alligator.org.