Stalker in the Attic defendant Mauricio Guerrero sentenced

Posted at 3:33 PM, July 19, 2023


STRAFFORD COUNTY, N.H. (Court TV) — A 22-year-old man was sentenced to one year in prison for breaking into the home of an OnlyFans creator and hiding in her attic so he could take pictures of her naked body while she slept.

A New Hampshire jury deliberated for several hours over two days in May before convicting Mauricio Guerrero of six counts, including burglary, criminal trespass, and privacy invasion. Now, it’s up to a judge to decide if Guerrero – who lives in Pennsylvania and is out on bond — deserves prison or probation for his crimes at a hearing scheduled for Wednesday afternoon.

Mauricio Guerrero testifies in his own defense

Mauricio Guerrero testifies in his own defense during his trial. (Court TV)

READ MORE: NH v. Mauricio Guerrero Daily Trial Updates

Guerrero faced up to 11 years on the two felony counts of burglary and 12 months each on the misdemeanor charges of criminal trespass and privacy invasion, prosecutor Emily Garod said. Judge Mark Howard had broad discretion, with the option to sentence Guerrero to less than the minimum penalty on each count. He also had the choice between making Guerrero serve his sentences consecutively or concurrently, leaving a wide range of options on the table.

Garod argued at the sentencing hearing for Guerrero to be sentenced to between 3.5 and 7 years, and also for him to be required to register as a sex offender. Garod categorized Guerrero’s behavior was “very concerning” and escalating in calling for the sentence.

Guerrero’s attorney asked the judge for leniency and a suspended sentence with probation, saying that his client believed the victim was his first girlfriend.

Guerrero’s mother spoke briefly, with his aunt acting as a translator, saying that she tried to raise her son with respect and love.

A therapist who worked with Guerrero testified for the defense and described him as very immature and lonely.

Guerrero stood and addressed the court, offering an apology to the victim and her family.

I caused a lot of pain to them and it hurts me a lot. I regret everything. I’m sorry. I can’t say that anymore. I beg to God, I beg to anyone for forgiveness. I’m scared. I’m scared of being alone and what will happen to me after today. I’m really sorry to them. Especially to (the victim). I hope she can forgive me. I hope she understands. I really mean that, I’m sorry.

I feel so alone. I have my mom with me, but I’ve lost my friends. They don’t talk to me, I don’t talk to them for the past year and a half. People look at me, judge me. I’m sorry. I never wanted it to happen. I’ll stay as far away as possible from (the victim) and I’ll have no contact with her at all or anyone in her family. I see what I’ve done and I’m disgusted by myself.

The victim and her mother – both of whom testified in Guerrero’s trial – did not attend the hearing, but prosecutors said they submitted a statement for the court’s consideration.

Testifying in his defense, Guerrero admitted to sneaking into the woman’s Somerset home where she lived with her mother and young son. He said he thought they were in a relationship and that she wanted to be “stalked.”

The woman – who Court TV is not naming to preserve her privacy – also took the stand and described how their online interactions crossed into real life with flirtatious texts and an actual sexual interaction in December 2021, that she initially denied to police. She acknowledged that she may have “messed” with Guerrero’s head and sent “mixed messages” about the nature of their relationship, but she insisted that she never gave Guerrero permission to enter her home or take video of her on the dates in question.

The jury delivered a mixed verdict, suggesting they may have believed parts of both accounts.

  • Counts 1 to 5 – Burglary – Guilty as charged on two counts for entering the home intending to commit burglary or privacy invasion. Guilty of reduced charge of criminal trespass on three counts.
  • Counts 6 to 7 — Privacy invasion – Guilty of one count for filming her vagina while she slept. Not guilty of the other count for entering her room without her consent.

Strafford County prosecutors argued Guerrero went from being attracted to obsessed with the woman in a matter of months, leading to a series of “poor, alarming and ultimately criminal decisions.” He broke into her home at least five times in January and February 2022 and took pictures of her belongings, stole her underwear, and made a copy of her housekeys. In February, he hid in her attic, leaving behind fast food bags and drink cups. In the middle of the night on February 9, he crept into her room while she and her young son were sleeping and recorded video of her vagina.

Guerrero’s lawyer described him as a “naïve” and lovesick dupe who was exploited by  more experienced and sophisticated woman for gifts and attention. Attorney Harry Nelson Starbranch said the case comes down to Guerrero’s intent, claiming the defendant acted “impulsively” when he entered the home but did not intend to commit a crime, an element of burglary under New Hampshire law.

Prosecutors charged Guerrero with five counts of burglary for allegedly breaking into the victim’s home five times in January and February 2022 intending to commit theft or privacy invasion. Prosecutors also charged Guerrero with two counts of privacy invasion for entering the victim’s bedroom in the middle of the night and recording cell phone video of her vagina while she slept.

Guerrero’s lawyer argued he entered the house “impulsively,” but did not intend to commit theft or privacy invasion, an element of burglary. Starbranch confirmed during the trial (outside the jury’s presence) he was essentially inviting the jury to convict Guerrero of criminal trespass, a strategy that Guerrero said he agreed with.

Mauricio Guerrero appears in court

Defendant Mauricio Guerrero appears in court Wednesday, May 10, 2023. (Court TV)

The jury heard text messages between the defendant and the victim in the hours leading up to his final entry into her home the morning of February 9. In the texts, the defendant lied about being in New Hampshire and denied being in her home despite cell phone evidence placing him there, which included photos and videos he took of her room and belongings, and cell tower evidence placing him nearby.

Guerrero finally admitted to being outside her home when she drunkenly sent him flirtatious texts. She agreed to meet him in his car for a brief tryst, then texted him “don’t ever come here again” after leaving the car.

The jury also heard about a to-do list on the defendant’s phone that said, “lock pick her house… put microphones and stuff to hear her… make sure to be careful and sneakful around her house.” Investigators found the woman’s clothes in Guerrero’s car and a pry bar that had features consistent with markings left on the windows through which police believe Guerrero broke into the house.

Guerrero’s defense did not challenge the forensic evidence. Instead, his lawyer reserved most of his questioning for the victim. On cross, Guerrero’s lawyer drew out examples of how she allegedly “led him on,” including the time he drove hundreds of miles from Pennsylvania to her home unannounced. She sent him away without seeing him, then texted him saying “I miss you” and that him showing up was “kind of hot.” She also told him at one point that she wanted him to be “obsessed” with her and texted him “rape me,” but she said didn’t actually mean it.

The victim attributed her conduct with the defendant to “very low” self-esteem and “mental problems” that led her to drink daily. She said she was usually drunk when she spoke to him on the phone or texted him.

Prosecutor Garod told reporters in May that her office was pleased with the verdict regardless of the split.

Guerrero’s lawyer said in a press conference after the verdict that they were “disappointed” with the verdicts, especially the felony convictions, which could mean serious prison time and lasting consequences for his client. “Two is better than six,” attorney Starbranch said, “but a felony is a felony.”

Judge Mark Howard sentenced Guerrero to serve a total of 12 months in jail, as well as required him to “participate meaningfully” in counseling. Howard ruled that Guerrero would not have to register as a sex offender.