Man gets probation for forcibly taking woman from porch of Wichita home
By KAKE Staff
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WICHITA, Kan. (KAKE) — A man who was seen on camera taking a woman by force in northeast Wichita last year has been sentenced to 12 months of probation.
Daniel Espitia Guevara was scheduled for a preliminary hearing on Tuesday. The Sedgwick County district attorney’s office said he pleaded no contest to two counts of domestic battery and one count of criminal restraint.
Judge Roger Woods sentenced Guevara to a year on probation with an underlying prison sentence of two years, meaning he’s subject to prison time if he violates the conditions of his probation.
The incident happened at around 2 a.m. Sunday, October 12 in the 1400 block of North Volutsia. The Wichita Police Department posted pictures and a video on social media after the incident was reported Sunday evening, hoping someone could identify her. The story garnered national attention.
Several days later, investigators received a phone call from a woman claiming to be the one in the video. Police said she lived in the area where the video was captured and that she did not have any significant injuries.
The woman reported that she and her boyfriend, Guevara, went to a baptism for one of her friend’s children at a church in south Wichita the night of October 11. A probable cause affidavit states that she drove Guevara back to his home on North Grove. She said Guevara had several beers, and the original plan was that she would drive to her house and Guevara would walk home. She said he was too drunk, so she decided to drop him off.
Once she pulled into Guevara’s driveway, the document states that he said “he was not going to get out ofthe car, so (the victim) drove to her house and parked in the driveway and told Espitia-Guevara he could walk home. Espitia-Guevara tried to grab (the victim’s) cell phone from the cup holder” and told her that “he wanted to see her messages with her ex-husband.”
She said she exited her car, and Guevara approached her and tried to take her phone away.
“Espitia-Guevara grabbed her hand and held her phone in front of her face to try and open the phone with Face ID. (The victim said Espitia-Guevara was unable to get the phone open,” the document states.
She said she tried to walk away, but Guevara grabbed her in a bear hug and threw her to the ground. She got up and tried again to walk away, but Guevara was walking with her and kept grabbing her left hand. She said they walked back and forth on 14th before she noticed a porch light on in the 1400 block of Volutsia.
“Silva said that she was trying to keep Espitia-Guevara calm and was looking for a way to get help. (She) said she ran up to the front door and tried to yell “Help!” when Espitia-Guevara grabbed her and spun her around and covered her mouth and nose with his left hand.”
Once back on the street, she tried to tell Guevara that she could not breathe. She said he pushed her down to the grass while still holding his hand over her nose and mouth. Guevara began to vomit, and she quickly walked away. A man in a car asked if she needed help, and she said yes. The driver took her home
The victim said she saw the news about the incident and did not come forward sooner because she was afraid that people would take her children away.
Guevara was ordered have no contact with the victim and complete a domestic violence offender assessment and batterers intervention course.
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