Phoenix settles woman’s lawsuit for $425K

She says ex-police officer sexually assaulted her

The city of Phoenix approved a $425,000 settlement on Wednesday in a case where a woman claims former police officer Sean Pena sexually assaulted her while she was in custody.

The woman, Lisa Gutierrez, called Phoenix police on Aug. 5, 2019, due to an incident involving a family friend, according to court documents.

Documents say Gutierrez was placed in the backseat of Pena’s car when he drove her to the home of a suspect to identify him. Pena then drove Gutierrez back to her house where he commented that her shirt was see-through and that he could arrest her then-boyfriend who had a misdemeanor warrant.

Pena told Gutierrez to give him her phone number so he could contact her regarding her case.

Documents say Gutierrez walked home from a grocery store later that evening when she saw a Phoenix police car parked outside her house.

Pena, who was the only officer inside the vehicle, told Gutierrez to come to his vehicle and commented that she looked nice before sexually assaulting her and telling her he was going to call her in an hour.

Pena called Gutierrez shortly after and instructed her to meet him by a field, which documents say she did as she feared for her life and her family’s. Gutierrez met Pena at the field where Pena sexually assaulted her again, court documents say.

Documents say Gutierrez later reported the incident to the Tempe Police Department which forwarded a report to the Phoenix Police Department.

Phoenix police looked up Pena’s vehicle location history and found his vehicle had returned to Gutierrez’s home and later at a vacant lot documents say. Pena’s cell phone records showed he had also called Gutierrez that evening eight times.

Gutierrez is one of three women who claim Pena sexually assaulted them while on duty. One of them, Krystofer Lee, also received a $425,000 settlement back in June.

Pena was placed on administrative leave in September 2019 and ultimately fired in July 2020.

A grand jury indicted Pena on three counts of sexual assault, two counts of sexual abuse and two counts of unlawful sexual conduct as a peace officer.

Victims of sexual assault and abuse can call the Rape, Abuse & Incest National Network or RAINN’s hotline 24/7 at 800-656-4673.