SALEM – A Peabody man authorities say was peddling narcotics last month has been indicted by an Essex County grand jury.Diogenes Domingo Gutierrez, 39, of 50 Warren St., #526, Peabody, is charged with two counts of distribution of heroin, subsequent offenses, as well as possession of heroin with the intent to distribute, subsequent offense, possession of cocaine with the intent to distribute, subsequent offense, and possession of marijuana with the intent to distribute.The investigation centered on heroin sales to an undercover officer on May 20 and May 24 from his Warren Street apartment.On May 26 police executed a search and reportedly found additional heroin as well as cocaine and marijuana.Because Gutierrez has been convicted of drug distribution in the past, he faces a 5-year minimum mandatory state prison term on each of the distribution charges. In essence he is looking at 20 years in state prison if convicted on all four of those charges.Detectives Eric Ricci and David Murphy participated in the arrest.Assistant District Attorney Jessica Strasnick is prosecuting the case for the state.The indictments handed down Friday afternoon now move the case from Peabody District Court, where Gutierrez has pleaded innocent, to Salem Superior Court, where he will be re-arraigned within a few weeks.Indictments are not an indication of guilt, rather it is a legal process that allows a case to be transferred from District Court to Superior Court, allowing for a more severe punishment.
