The Associated Press

ALBERT LEA, Minn.

Tuesday, March 05, 2002

ALBERT LEA, Minn. – A 28-year-old man was convicted of first-degree murder in the death of a young boy he was baby-sitting.

A jury deliberated for less than two hours Monday evening before returning a guilty verdict against Paul Gutierrez Jr. in the death of 18-month-old Makaio Lynn Radke last April.

Gutierrez was convicted of two counts of first-degree murder: one committed during criminal sexual conduct and one committed during child abuse. He was also convicted of second-degree murder. He was expected to be sentenced Tuesday to a mandatory sentence of life in prison.

Gutierrez was found guilty of beating Makaio while watching the boy and two other children on a Friday night while their mothers went shopping.

Makaio was not breathing when his mother went to check on him the next morning in his bed. The boy had suffered broken ribs, punctured lungs, a lacerated liver and severe bruising over most of his body.

Gutierrez had been staying at the residence off and on since early February. Two other children in the home showed no signs of abuse but were placed in protective custody.

Gutierrez had denied abusing Makaio and said he didn’t notice any injuries on the child while he was caring for him, but he said the toddler had been fussy that night.