ST. GEORGE, UT — A St. George woman is facing an aggravated child abuse charge after police say a missing 13-year-old boy was found at a park and investigators uncovered allegations of threats, food deprivation and forced work tied to her home and business.
Erika Leyva Gutierrez, 38, was arrested early Thursday on suspicion of first-degree felony aggravated child abuse. Police said the case started when she reported her son missing after he ran away, then quickly broadened as relatives and the boy described what they believed was happening inside the family home.
Police say the runaway report quickly turned into an abuse investigation
According to the probable cause statement supporting the arrest, officers were first called after Gutierrez reported that her 13-year-old son had run away. Not long after, the boy was located at a park by his older sister.
An officer who responded said the sister was crying and upset, while the boy appeared pale and scared, according to the affidavit. That scene prompted investigators to look more closely at the circumstances that led him to leave home.
From there, police gathered statements from multiple family members and witnesses. Those accounts, investigators say, pointed to allegations that went beyond a single argument or runaway episode and instead suggested a longer pattern of mistreatment.
Relatives told police the boy and his sister were made to work in the family business
Family members told investigators that Gutierrez used her children as unpaid labor in her food business, according to the affidavit. They also said she would withhold food if the children did not buy it themselves or bring home enough money to pay for it.
The 13-year-old’s older sister told police that Gutierrez had threatened to kill him that day because of his behavior. Investigators said four adults provided witness statements describing abuse and neglect involving the child.
Police also documented accounts that the children had recorded some of the threats and shared the audio with relatives. Those relatives said Gutierrez allegedly responded by threatening to harm the children if the recording was not deleted.
Boy said spoiled meat drove him to run away, police records say
The boy told police he ran away because his mother had been serving him spoiled meat, according to the court records. That statement became part of the broader picture investigators say they assembled from the family’s accounts and the child’s own description of events.
Relatives also told police that Gutierrez had threatened to kill herself and her children, with the most specific threats aimed at the 13-year-old. Those allegations were central to the decision to arrest her on suspicion of aggravated child abuse.
Police did not say in the charging documents that the younger children in the house reported the same treatment, but family members told investigators the concerns focused most heavily on the boy and his older sister.
Gutierrez denied the food and death threats when questioned by officers
During an interview with police, Gutierrez said her children helped prepare and sell food for the business. But she denied that meals were tied to how well they worked or how much money they brought in.
She also denied withholding food, serving spoiled meat or threatening to kill the children. Those denials were included in the probable cause statement and will likely be weighed along with the witness accounts as the case moves through court.
At the time of the arrest, Gutierrez had two younger children, ages 10 and 4, living in the home. Family members told police those children had not experienced the same treatment as the older boy and girl.
Child welfare workers stepped in after the arrest
The Division of Child and Family Services was contacted and responded to help with the children. That response came as officers and court officials moved forward with the criminal case tied to the family’s allegations.
Gutierrez was arrested shortly before 1 a.m. Thursday and booked into Purgatory Correctional Facility. The case was filed later that day, and she remained in custody without bail at the time of the report.
She is scheduled to make an initial appearance in 5th District Court in St. George on Friday afternoon. As with any criminal charge, she is presumed innocent unless and until a court finds otherwise.
What the court filing says about the next step in the case
The case now moves into the courtroom, where the first appearance will begin the formal process after the arrest. Court records and police statements say the charge is first-degree felony aggravated child abuse, one of the more serious child-endangerment offenses under Utah law.
The filings also show that the investigation started with a missing-child report, then expanded after officers found the boy and interviewed family members. That sequence matters because it reflects how quickly a routine runaway call can develop into a far more serious criminal case.
For now, the account available to the public comes from police, witnesses and court records. Any further details, including what evidence prosecutors emphasize and how the defense responds, are expected to emerge as the case continues in 5th District Court.
Local news that matters, from Dulaney Griffin.
