Woman Who Kicked Deputy's Eye Out Gets Plea Deal With No Jail

Holly Matkin

Pima County Sheriff's Department Sergeant Mark Bustamante was forced to retire after losing his eye in 2016.

Tucson, AZ – A Tucson woman who kicked out a Pima County Sheriff’s deputy’s eye with the heel of her boot accepted a plea agreement for a probation sentence on Tuesday.

Yesennia Gonzalez pleaded guilty to extreme DUI and aggravated assault on a police officer, and now faces up to three years of probation, KVOA reported.

Pima County Sheriff’s Department (PCSD) Sergeant Mark Bustamante was a 22-year veteran-of-the-force when the attack occurred on Dec. 9, 2016, according to KGUN.

According to court records, a DUI task force deputy stopped Gonzalez for driving “71 miles per hour in a 45 mile per hour zone making numerous unsafe lane changes while cutting off vehicles."

The deputy soon discovered that the then-28-year-old woman had a blood-alcohol level that was more than three times over the legal limit, according to KVOA.

Gonzalez went on the fight when the deputy attempted to arrest her, at which point Sgt. Bustamante arrived at the scene to assist him, KGUN reported.

As the deputies attempted to “lift her up and put her in the backseat” of a patrol car, Gonzalez, who was wearing nearly four-inch heels, began kicking her feet, according to court documents.

Sgt. Bustamante, who was trying to control the suspect’s legs, described the moment when Gonzalez rammed her heel into his eye.

“I felt the most excruciating pain I have ever felt in my life,” he recalled, according to KGUN. “The minute she kicked me, I knew I lost my eye. The kick was that hard and that precise.”

Despite the severity of his injury, the sergeant stayed in the fight and grabbed onto the combative suspect’s legs until she was secured.

He then held his hand over his destroyed eye, blood gushing through his fingers, as he waited for an ambulance to arrive.

In the end, Sgt. Bustamante lost his eye, and was ultimately forced to retire from the PCSD, KVOA reported.

“I’ve lost money, my identity – part of my identity as a police officer – as a husband, as a man, as a father," he said.

According to the sergeant, part of the reason Gonzalez scored the probation-only plea agreement was because she used an insanity defense.

“This is a case that could've gone…could have seen its conclusion through a jury of fact-finders or triers of fact. So that they could make a decision based on the information that was given and the questions answered and see if it was insanity that caused her to kick my eye out or if it was the alcohol or both," he told KVOA.

But with the plea agreement now in place, a jury trial will never happen.

“I feel betrayed,” Sgt. Bustamante said. “I feel upset. I feel angry.”

Gonzalez’s sentencing is scheduled for February 3, 2020, KGUN reported.

Comments (115)
gfc1963
gfc1963

What a joke! She nshould get jail time not just a slap on the wrist.

No. 1-50
OHCopper
OHCopper

I’D SUE HER FOR EVERYTHING SHE’S GOT OR WILL EVER HAVE!! No way is this right or just!

walkintall
walkintall

Yep....A period of probation for a self-described insane alcoholic. That ought to make the citizenry feel safe.

floridacop
floridacop

This shit is getting to be to much. Do this to a cop probation, hell kill a cop and get home imprisonment

strongteabag
strongteabag

This is a carriage of justice. She attacked this Deputy with the intent of causing bodily harm...Lock her butt up forever....what is happening with our courts??/ they are defending the guilty first then going after the just.

John Q Citizen
John Q Citizen

Just curious - no mention of citizenship status.

JBoH
JBoH

"...faces up to three years of probation..."

Wow...just don't know what else to say.

Bobby1874
Bobby1874

So what you're saying is that the Prosecutor is a Soros funded Democrat

Excalibr4
Excalibr4

This is a clear indication of the "war on cops".

LEO0301
LEO0301

Why would the state offer a deal like this? I've lost count of how many drunks I've arrested over the years who acted insane. If she's nuts, commit her before she hurts someone else. The officer should sue her and her insurance company for damages.

vwiles34
vwiles34

These judges must be smoking crack...

whatalways3parts1
whatalways3parts1

there is a war. (by Ignorant people)

Yes, ONE bad decision by a woman to "Drink." Over 2x's the Limit!!

ONE bad decision by a woman again to "Kick Officer."

ONE bad decision by a woman again to "Drive."

Three Mistakes by a Woman, at least.

oh yeah, her "Hate of Cops" came out after Juice of Courage.

Federalist1789
Federalist1789

As this officer, who is also a citizen of the United States, has had his livelihood affected, he should retain a private injury attorney and sue this mope into poverty.

That or "lex talionis"....

tfort
tfort

Citizen retraining should be sufficient.

IseeWhereThisIsGoing
IseeWhereThisIsGoing

well, since she won't be in jail, he should sue her civilly for everything she owns. exhibit A is the plea deal, and exhibit B is the deputy's eye.

JMK2244
JMK2244

This is absolutely appalling! Why and how on earth did she get a plea deal and probation?! Insane or not, she should be at the least charged with felony assault on a police officer. There have been way too many incidents like this lately. Though he'll never be able to recoup the loss of his eye or, sadly, his career, I sure hope to God that Sgt. Bustamante will be able to eventually get the justice he deserves as well as provisions for the future.

DarrellB
DarrellB

Mark, now you MUST sue, sue, sue. Hire an aggressive pit bull of a lawyer.

thecatinmybed
thecatinmybed

You'd think he'd wear an eye patch.

jerry 8842
jerry 8842

This is a not good at all that. I agree get a very good lawyer and take on the woman and the justice Dept. (Retired LEO.)

TeeS
TeeS

Since when are people who are found not guilty by reason of insanity not sentenced to a mental hospital? Why is this bitch able to just go on with her life until she kills someone.

brentster
brentster

a woman pleading insanity is kind of redundant .

Daviddhm48
Daviddhm48

Pathetic ! The law is not right.

SkyofHope
SkyofHope

Sick of slap on the wrist plea deals for violent offenders! Sick of the popularity of hate crimes against our officers. Sickened even farther that the prosecutors in my state dropped assault charges and ONLY gave her a deal on the DUI! WTF this officer needs to sue! He needs to sue her and the state! Excuse my language but FUCK THIS SHIT! PURE INJUSTICE!

LynnSB
LynnSB

Exactly more bullshit plea deals between the attorney Districk attorney and the judge and ultimately this officer got screwed and the American public that screwed because the son of a bitches are too lazy and too ignorant to do their goddamn jobs

cspcapt
cspcapt

when women fight like a man they should be treated like a man

TCSO7801
TCSO7801

Don't forget to go after the wallet/purse of the Prosecutor that offered this dumb ass plea bargain.

Fuk cops
Fuk cops

I say give her a medal. Cops do bullshit stuff all the time n get away with it. Im surprised he didn't just shoot n kill her. Cops molested dead woman,cop slams little girl to ground in school,dumb cops have a shoot oit in middle of busy traffic. Just a few of the 100's of things cops did in last few days n got no jail time.

Fuk cops
Fuk cops

I’ve lost money, my identity – part of my identity as a police officer – as a husband, as a man, as a father," he said. Dude its one eye you sound like a bitch thats wife is leaving him because of fat cyclops problems. She didn't cut you dick off how you feel like less of a man unless you weren't one to start with

Grog
Grog

The prosecutor and the judge who approved this deal need to be locked up! This is so wrong!

Backing Blue
Backing Blue

The prosecutor should be fired him put in jail the lady should be sued for every dime she has her husband has taker house take your car take everything she owns

Bobholly79
Bobholly79

Again the District Attorney and his minnions fail the law enforcement community and the law abiding citizens

Get to the poles and vote Vote Vote

Every election until the swamp consuming this great nation is completely drained of all this scum!

They are slowly killing us from within like cowards

Dra71
Dra71

Sounds like a plea deal the newly elected DA of San Francisco would have handed down. This is truly outrageous for the prosecutor to accept this, or even offer it in the first place!

michelle1964
michelle1964

This is the kinda bull+++× that the bleeding hearts want. She should be locked up for at least 10 years and do 10 years not this half time crap.

HB1
HB1

These left judges getting paid off? Unbelievable

DSmith2018
DSmith2018

This mental illness bullshit is highly overrated!! What a shame! I’m sorry this happened to you, Officer Bustamante! Not only did you get railroaded, you also got shafted! You’re still a husband and father and a man. Start a gofundme for trial expenses and sue her diseased alcoholic head off

colonelorville
colonelorville

I was getting Jury Summons well into retirement, in spite of being a Police Officer of the classification that excluded us from serving. At a certain age, you can also list an illness, without a Doctor's Letter. I always wrote, "TWENTY-FIVE AND ONE-HALF YEARS DEALING WITH THE CRIMINAL JUSTICE SYSTEM."

Raymelson
Raymelson

I see don't see any justice here what to hell has happened to my beloved country how can the courts side with criminals what's happening in America is beyond stupid

Billy duncan
Billy duncan

GForce48
GForce48

Do we know anything about the prosecutor/district attorney?

LeoDad
LeoDad

Something needs to be done to correct the terrible practice of charges being plead down or judges making rulings on the side of the criminals rather than protecting and supporting our LEOs and the public.

Rascal1966
Rascal1966

So basically a slap on the wrist is all she got?? Bullshit!!! I hope he sues the crap out of her!!! Stupid ass biatch!!!

Burgers Allday
Burgers Allday

#rolltape

pbm4jc
pbm4jc

she will get what she deserves. true justice is meted out by the Higher Authority, not these liberal cop hating judges, prosecutors and jurors.

Deputydog1
Deputydog1

What kind of DA would agree to that kind of BS plea deal!

BLUsupporter
BLUsupporter

Some judges just seem to think cops lives are expendable. It's ridiculous. Why journalists don't identify the judges in these cases is beyond me.

Docbob47
Docbob47

She needs to meet justice in a dark place soon. She could lose something

Rico99
Rico99

Is that a female it looks like a dude you can see the Adam's apple

ProvDep
ProvDep

Absolutely atrocious. Imagine what would have happened if this had been an attack on say a Dr? Or surgeon who could no longer operate? She’d Lose everything as she should. But because it’s an officer she gets a plea? Ridiculous. Seems to me that if you attack an officer whether you were drunk or pretended you had the insanity card, you’d be charged!! Atrocious. And very very sad.

ProvDep
ProvDep

Says the guy who knows from experience. (Not being a man).

F22QA
F22QA

Sue her. If she had any sense she would leave the State or never drive in your town.


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