PROVO Utah (ABC 4 News) - Edgard Gago saw two strangers in his backyard.
It was early saturday morning and gago wanted them to leave.
"I told him this is not a place for him to be so," says Gago. "(He says) it really doesn't matter."
But it did matter to Gago who wanted the stranger off the property.
He says this man later identified as Richard Gutierrez told him to mind his own business.
Gago went back in his apartment but a few minutes later returned confronting him again.
But again Gutierrez allegedly told him to get back in the house.
The third time he came out of the house he says Gutierrez turned violent.
"That's when he really started getting out of control," Gago says.
Gutierrez allegedly grabbed a baseball bat and started beating Gago with it.
"(He hit me) on the side of my mouth and around my body," he says.
Gago was also hit in the back of the head and fell to the ground
After the beating, Gutierrez allegedly stole a bike from the yard and took off.
But thanks to neighors police tracked him down and arrested him for aggravated assault.
"I feel now much better than yesterday," he says. "Yesterday I was in a little pain."
Gago now recalls Guitierrez loitering in the neighborhood. But this is the first time he's confronted him.
Despite the beating Gago says he doesn't want to press charges against Guittierez. The only thing he wants is to be left alone.
"The only thing I want ... is that he and he friends don't come around here," Gago says.
And he may not get a chance. Gutierrez was recently convicted of aggravated assault in Salt Lake. A judge gave him time served in jail and released him on probaton. But this latest crime means Guitierrez violated the terms set out by the judge and he could soon be sent back to jail to finish his jail term. Meanwhile the Utah County attorney will screen this latest aggravated assault against Guittierez.
