Hastings man sentenced after attempted break-in incident leads to BB gun self-defense

HASTINGS, Neb. — A Hastings man charged after he was shot with a BB gun while attempting to break into a home has been sentenced.

Miguel Gutierrez, 62, was sentenced Wednesday to 305 days in jail, with credit for 160 days served on one count of possession of a deadly weapon by a prohibited person.

Court records said Gutierrez pleaded guilty to the charge. In exchange for his plea, prosecutors reduced the charge from terroristic threats and dismissed additional charges of habitual criminal, possession of a deadly weapon by a prohibited person and criminal mischief.

HASTINGS MAN FACING CHARGES AFTER ATTEMPTING TO BURGLARIZE APARTMENT, BEING SHOT WITH BB GUN

According to Hastings Police Raelee Van Winkle, officers were called around 4 a.m. Oct. 10, 2023, to Mary Lanning Healthcare in reference to a man, later identified as Gutierrez, who had a gunshot wound to the head.

Upon further investigation, Van Winkle said officers determined Gutierrez allegedly attempted to break into an apartment building in the 700 block of North Minnesota Avenue with a hammer and a machete while also allegedly threatening a resident.

Van Winkle said the resident reportedly shot Gutierrez with a BB gun in self-defense, causing injury and leading him to seek medical treatment at the hospital.

Van Winkle said the resident was not cited due to acting in self-defense inside their home.