Joshua Gutierrez pleads to voluntary manslaughter for To’Hajiilee shooting

  • Joshua Gutierrez  pleaded guilty ahead of a grand jury indictment
  • The plea sets his sentence at 12 years, but final acceptance is at the discretion of the sentencing judge
  • He pleaded guilty to charges of voluntary manslaughter and discharging a firearm

See past stories or the case write-up

ALBUQUERQUE, N.M. — A To’Hajiilee man pleaded guilty Thursday, Oct. 15, 2020, in federal court to voluntary manslaughter and discharging a firearm for fatally shooting another man in an early-morning incident on March 29, 2020, on the reservation.

Joshua Gutierrez, 21, appeared via Zoom from a Cibola County detention center before Magistrate Judge Paul Briones who accepted Gutierrez’s guilty plea to a criminal information and set sentencing before a District Court judge at an undetermined time.

According to the plea deal, it is binding and Gutierrez will be sentences to 12 years. Final acceptance of the plea was deferred until sentencing by the district court judge, according to the form minutes.

Federal agents charged Gutierrez with murder in the death of Llewyn Platero, 36, on March 30, and Gutierrez has been in detention since.

The Route 66 Casino. Photo by Ken Lund/Flickr. CC-BY-SA

Gutierrez was staying at his girlfriend’s house on March 29 in To’Hajilee when guests of his girlfriend’s father including Platero, identified as “John Doe” in charging documents, and Platero’s brother, identified as “MK” began to scuffle, Assistant U.S. Attorney Allison Jaros said. Jaros signed the plea deal.

“My girlfriend entered the room and told them to leave,” Jaros said, reading aloud the facts of the case from Gutierrez’s point of view. “Shortly thereafter I armed myself with a handgun and began walking down the hallway. John Doe exited the room. As we passed each other in the hallway, John Doe swung at me. I shot John Doe in the chest.”

Gutierrez pointed the firearm at MK and another witness, JL, telling them, “I’ll shoot you too!” according to MK, FBI agent Dibiassi Robinson’s affidavit for a criminal complaint alleged. JL allegedly told MK “he’ll do it!”

MK and JL drove Platero toward Albuquerque, dialing 911 and stopping at the Route 66 Casino, according to Robinson.

Gutierrez “fled” the house on foot, Robinson wrote, and was found at his own home 1 1/2 miles away.

Another man, JG, told Robinson that Gutierrez “confided in him that he had shot DOE,” he wrote.

“JG told GUTIERREZ to ‘lay down, the cops will be here,'” Robinson wrote.

After being read his Miranda rights, Gutierrez allegedly told investigators he shot John Doe because he attempted to “assault” him and that the gun he used was at JG’s house. A .380 caliber pistol and one spent cartridge were found at that house.

Gutierrez’s plea deal waives any claim of self-defense, Jaros said.

When Briones asked Gutierrez if he felt he had enough time to talk about the case with his public defender, Sylvia A. Baiz, Gutierrez said, “Yeah, somewhat.”

Briones asked Gutierrez several additional questions about Baiz’s representation in which Gutierrez responded positively. With the plea deal, Gutierrez waives any appeal attempts except on the grounds of his representation.

Baiz said Gutierrez reached the plea deal ahead of a grand jury indictment deadline, which she said would have brought additional charges against Gutierrez.

Jaros said Platero’s family listened into the hearing, and would speak at sentencing.

Gutierrez’s next hearing was not scheduled at the conclusion of the plea hearing.

Do you have information about this case? NM Homicide needs your assistance. Please fill out this form.

Wheeler Cowperthwaite contributed to this report.

Continue reading “Joshua Gutierrez pleads to voluntary manslaughter for To’Hajiilee shooting”

Acoma man sentenced for absconding prior to fatal crash

• Judge Amanda Sanchez Villalobos sentenced Anthony Faustine on a probation violation she previously released him on
• Faustine allegedly fled from police while drunk and crashed, killing Timothy Chino, two days after Villalobos released him on an absconder warrant

See the case write-up or previous stories

GRANTS, N.M. — An Acoma man will serve the remainder of his state sentence for drunk driving while he is held pending trial on a federal charge of second-degree murder that happened two days after a state judge released him on an absconder warrant.

Anthony Faustine

District Judge Amanda Sanchez Villalobos sentenced Anthony Faustine, 40, on Sept. 1, to 417 days after he admitted to violating his probation in the his 2016 DWI 3rd offense and fleeing an officer case. She also ordered him discharged from probation.

Faustine is in federal custody after a federal grand jury indicted him on June 8, 2020, on charges of second-degree murder and assault resulting in serious bodily injury for the crash on April 22, 2020 that, according to tribal court documents, allegedly killed Timothy Chino and severely injured Katrina Juanico.

Villalobos released Faustine, being held on an absconder warrant, on April 20, 2020, two days before he allegedly crashed a car while drunk, killing Chino. He was allegedly fleeing from tribal police officers when he crashed, according to tribal court documents.

He was initially arrested on April 9, 2020 on a bench warrant issued on Dec. 13, 2018, after he failed to appear for a hearing on the absconder allegations already filed against him, as well as a motion to revoke his probation, before Villalobos released him.

On Oct. 7, 2016, Faustine pleaded guilty to aggravated fleeing an officer, DWI third offense and driving on a license revoked for DWI, for an incident on Jan. 14, 2016, according to court documents.

Amanda Sanchez Villalobos

The plea deal, signed by prosecutor Brandon Vigil, gave Faustine a suspended sentence minus the mandatory 97 days he had to serve on the DUI charge. The plea was approved by District Judge Pedro Rael.

The original file in the magistrate case appears has been destroyed.

Do you have information about this case? NM Homicide needs your assistance. Please fill out this form or contact us.

Continue reading “Acoma man sentenced for absconding prior to fatal crash”

Acoma man arraigned for killing man in DWI crash after fleeing police

• Police say Anthony Faustine allegedly drunkenly crashed his car after fleeing from police on a dirt road, killing passenger Timothy Chino, on April 22, 2020
• Judge Amanda Sanchez Villalobos released Faustine one day prior after arraigning him on a bench warrant after he didn’t appear at an arraignment on a probation violation from 2018

• Faustine’s original probation violation was for allegedly absconding from probation after pleading guilty to DUI and aggravated fleeing an officer

Read the full case write-up

ALBUQUERQUE, N.M. — A 40-year-old Acoma Pueblo man is being held without bail after being arraigned Monday in federal court on a charge of second-degree murder for the death of a man following an alleged drunk driving crash following a police pursuit on April 22, 2020, one day after he was released from jail on a probation violation on a prior charge of aggravated fleeing an officer and drunk driving.

Anthony Faustine

A federal grand jury indicted Anthony Faustine on June 8, 2020, on charges of second-degree murder and assault resulting in serious bodily injury for the crash that, according to tribal court documents, allegedly killed Timothy Chino and severely injured Katrina Juanico.

Federal Magistrate Judge Steven Yarbrough ordered Faustine held without bail, and remanded to the custody of the U.S. Marshal’s Service, during his virtual arraignment, Monday (8/31/2020). Faustine pleaded not guilty and waived a detention hearing.

According to federal court filings, Faustine was being held in the Cibola County Detention Center in Grants prior to his initial appearance on Aug. 27, 2020.

Faustine appears to have been initially jailed, following the crash, after Laguna Pueblo tribal police officer Brandon Mariano charged him in Laguna Pueblo tribal court with homicide by vehicle, reckless driving, aggravated DUI and battery following the April 22, 2020 crash.

Villalobos ordered Faustine released on April 20 after he was arrested earlier that month on a December 2018 bench warrant for his failure to appear at an arraignment for a prior alleged probation violation.

The crash

Laguna tribal police officer Brandon Mariano wrote in a criminal complaint, filed in Laguna Tribal Court, that a call about a red Suzuki first came to dispatchers at 3:23 p.m., April 22, 2020.

An unknown woman told them the car was swerving on eastbound Interstate-40 and almost hit her car, just before it left on Exit 104, toward State Road 124. Officers were sent to look for the car, he wrote.

Laguna Highway Safety Officer Keith Riley told Mariano that while searching, he talked to a construction foreman on Rainfall Road, Mariano wrote.

“The foreman told HSO Riley that the vehicle which Officers were looking for passed through their work zone and nearly hit a few of the workers while it was passing through,” Mariano wrote. “HSO Riley was also told the vehicle was traveling on Cottonwood Trail, headed toward the Pueblo of Acoma.”

Riley and Laguna Police Department Officer Roslynn Lente found the red Suzuki near the border of Acoma and Laguna on Cottonwood Trail. Riley pulled in front of the car with his emergency lights, exited and told the driver to get out. The driver, later identified as Faustine, allegedly refused, revved the engine and sped away from Riley, Mariano wrote.

Riley “contacted the hood” as it sped off and Lente was “nearly to the vehicle” when Riley told her to stay in her car, as Faustine allegedly sped by her, Mariano wrote.

As the red Suzuki Sidekick sped away, the officers began to pursue it, then Riley called it off because it was on a dirt road, he wrote.

“HSO Riley then said just as he was finished the vehicle drove around a corner and began to roll,” Mariano wrote.

When the pair arrived at the crash scene, Faustine allegedly ran from the vehicle and Riley chased him on foot and told Lente to tend to the other two people in the car, he wrote.

Riley unholstered his stun gun and told Faustine to stop. Faustine fell to the ground and Riley placed him “restraints.” Faustine smelled of alcohol, had slurred speech, bloodshot and glassy eyes and could not maintain his balance, Mariano wrote.

The crash ejected the front passenger, Timothy Chino, and pinned him under the vehicle. The other passenger, Katrina Juanico, was in the back seat and airlifted from the scene, he wrote.

While one medic, Isaac Herrera, tried to get Faustine’s blood pressure, Faustine allegedly tried to bit him. Faustine was eventually transported by ambulance for his injuries, Mariano wrote.

Mariano wrote he found Bud Light beer cans from the “beginning to the end of the crash,” as well as two bottles of vodka, he wrote.

Probation violations

On April 20, 2020, District Court Judge Amanda Sanchez Villalobos ordered Faustine released from jail after arraigning him on a bench warrant issued on Dec. 13, 2018 after he failed to appear for his arraignment on the original probation violation.

Amanda Sanchez Villalobos

He had been in custody since April 9, 2020, when the Isleta Police Department arrested him on the warrant.

Probation Officer Eric Barela wrote in a probation report dated Oct. 25, 2018 that Faustine was sentenced to three-and-a-half years of supervised probation on Oct. 6, 2016, on the DUI third offense and aggravated fleeing an officer charges.

“Since being sentenced Probationer Faustine has completed sanctions of 3 days and 7 days in custody due to violations of Reporting and Alcohol,” Barela wrote. “Probationer Faustine has shown by calling Cordant and failing to report for UA’s that he understands that he is violating his probation and continues to disreguard (sic) the orders of this court and his orders of probation.”

Barela wrote in the 2018 report that Faustine’s convictions, along with his failure to report and to complete drug and alcohol tests, meant he was a danger to the community.

“Probationer Faustine is now and (sic) ABSCONDER from supervision and has proven that he does not take probation serious and is not a good candidate for supervised probation,” Barela wrote.

Barela wrote he was asking that the prosecutor file a motion to revoke his probation and sentence him to the remainder of his sentence, which would have had him in jail until June 4, 2020.

Prosecutor Sherry Thompson filed a motion to revoke Faustine’s probation on Nov. 15, 2018. She included the original plea deal, signed by prosecutor Brandon Vigil, which gave Faustine a suspended sentence minus the mandatory 97 days he had to serve on the DUI charge. The plea was approved by District Judge Pedro Rael.

When he was supposed to be arraigned on the probation violation charges, he never showed up, leading to the Dec. 13, 2018 bench warrant, eventually served on April 9, 2020, by the Isleta Police Department, according to court records.

After Faustine was arraigned on April 20, 2020, Barela issued a violation report on May 1, 2020, after Faustine failed to report for probation, followed by another on May 5. Sanchez Villalobos issued a bench warrant on May 6. It appears he did not know about the crash until, May 13, when he received a notification of arrest for Faustine. It listed him as in the Laguna jail.

Do you have information about this case? NM Homicide needs your assistance. Please fill out this form or contact us.

Continue reading “Acoma man arraigned for killing man in DWI crash after fleeing police”

Police seek suspect in fatal Vado hit-and-run

VADO, N.M. — State Police are looking for the driver of a 1998 tan Chevrolet S-10 truck after the driver allegedly crashed into a motorcyclist, killing him, on May 14, and then fled the scene in Vado, south of Las Cruces.

A stock photo of a tan Chevy S-10 truck
State Police are looking for the driver of a 1998 Chevy S-10 truck, similar to the one pictured here.

Lt. Mark Soriano wrote in a press release the rider, Guy Hanslin, 54, of Mesquiete, died at the scene, at 10581 Los Alturas Street.

“The initial investigation shows a black 2012 Harley Davidson was traveling north on Las Alturas Street,” Soriano wrote. “The driver of a tan 1998 Chevrolet S-10 truck was traveling south on Las Alturas, and for reason unknown turned left striking the Harley Davidson head-on.”

Officers found the truck abandoned at a house in Mesquiete, but are still looking for the driver, he wrote.

Soriano wrote that anyone with information should call State Police at 575-382-2500, option 1.

Do you have information about this case? NM Homicide needs your assistance. Please fill out this form.

Anthony Faustine: Timothy Chino — 4-22-2020

Suspect: Anthony Faustine

Victim: Timothy Chino

Non-fatal victim: Katrina Juanico

Charges: Second-degree murder, assault resulting in serious bodily injury

Incident type: DWI crash following a police chase

Date of incident: April 22, 2020

Status: Pending

Investigating Agency: Bureau of Indian Affairs

Prosecutor: Nicholas Marshall

Prosecuting agency: U.S. Attorney’s Office

Location: Cottonwood Trail, near the border of Laguna and Acoma pueblos, Cibola County

Federal magistrate case number: None

Federal district case number: 20-cr-01365

Probation state case number: D-1333-CR-2016-00041

 

Summary

On April 22, 2020, Anthony Faustine, 40, of Acoma, allegedly crashed his car while drunk after fleeing from police. Judge Amanda Sanchez Villalobos released him one day earlier after he was arrested on a failure-to-appear bench warrant issued after he allegedly absconded from probation in 2018. He fled from the crash, leaving a man under his car who died at the scene, according to an investigator’s report. A woman was also severely injured and flown from the scene, according to the report. Laguna Pueblo tribal officers charged him following the crash.

On June 9, a federal grand jury indicted him on charges of second-degree murder and assault and battery resulting in serious bodily harm.

On Aug. 31, a federal magistrate judge ordered he be held without bail pending trial.

The crash

Laguna tribal police officer Brandon Mariano wrote in a criminal complaint, filed in Laguna Tribal Court, that a call about a red Suzuki first came to dispatchers at 3:23 p.m., April 22, 2020.

Anthony Faustine

An unknown woman told them the car was swerving on eastbound Interstate-40 and almost hit her car, just before it left on Exit 104, toward State Road 124. Officers were sent to look for the car, he wrote.

Laguna Highway Safety Officer Keith Riley told Mariano that while searching, he talked to a construction foreman on Rainfall Road, Mariano wrote.

“The foreman told HSO Riley that the vehicle which Officers were looking for passed through their work zone and nearly hit a few of the workers while it was passing through,” Mariano wrote. “HSO Riley was also told the vehicle was traveling on Cottonwood Trail, headed toward the Pueblo of Acoma.”

Riley and Laguna Police Department Officer Roslynn Lente found the red Suzuki near the border of Acoma and Laguna on Cottonwood Trail. Riley pulled in front of the car with his emergency lights, exited and told the driver to get out. The driver, later identified as Faustine, allegedly refused, revved the engine and sped away from Riley, Mariano wrote.

Riley “contacted the hood” as it sped off and Lente was “nearly to the vehicle” when Riley told her to stay in her car, as Faustine allegedly sped by her, Mariano wrote.

As the red Suzuki Sidekick sped away, the officers began to pursue it, then Riley called it off because it was on a dirt road, he wrote.

“HSO Riley then said just as he was finished the vehicle drove around a corner and began to roll,” Mariano wrote.

When the pair arrived at the crash scene, Faustine allegedly ran from the vehicle and Riley chased him on foot and told Lente to tend to the other two people in the car, he wrote.

Riley unholstered his stun gun and told Faustine to stop. Faustine fell to the ground and Riley placed him “restraints.” Faustine smelled of alcohol, had slurred speech, bloodshot and glassy eyes and could not maintain his balance, Mariano wrote.

The crash ejected the front passenger, Timothy Chino, and pinned him under the vehicle. The other passenger, Katrina Juanico, was in the back seat and airlifted from the scene, he wrote.

While one medic, Isaac Herrera, tried to get Faustine’s blood pressure, Faustine allegedly tried to bit him. Faustine was eventually transported by ambulance for his injuries, Mariano wrote.

Mariano wrote he found Bud Light beer cans from the “beginning to the end of the crash,” as well as two bottles of vodka, he wrote.

Indictment

A federal grand jury indicted Faustine on June 8, 2020, on charges of second-degree murder and assault resulting in serious bodily injury for the crash that, according to tribal court documents, allegedly killed Timothy Chino and severely injured Katrina Juanico.

Ariel view of Laguna. Photo by Dickyon/Wikimedia

Federal Magistrate Judge Steven Yarbrough ordered Faustine held without bail, and remanded to the custody of the U.S. Marshal’s Service, during his virtual arraignment, Monday (8/31/2020). Faustine pleaded not guilty and waived a detention hearing.

According to federal court filings, Faustine was being held in the Cibola County Detention Center in Grants prior to his initial appearance on Aug. 27, 2020.

Faustine appears to have been initially jailed, following the crash, after Laguna Pueblo tribal police officer Brandon Mariano charged him in Laguna Pueblo tribal court with homicide by vehicle, reckless driving, aggravated DUI and battery following the April 22, 2020 crash.

Probation violations

On April 20, 2020, District Court Judge Amanda Sanchez Villalobos ordered Faustine released from jail after arraigning him on a bench warrant issued on Dec. 13, 2018 after he failed to appear for his arraignment on the original probation violation.

Amanda Sanchez Villalobos

He had been in custody since April 9, 2020, when the Isleta Police Department arrested him on the warrant.

Probation Officer Eric Barela wrote in a probation report dated Oct. 25, 2018 that Faustine was sentenced to three-and-a-half years of supervised probation on Oct. 6, 2016, on the DUI third offense and aggravated fleeing an officer charges.

“Since being sentenced Probationer Faustine has completed sanctions of 3 days and 7 days in custody due to violations of Reporting and Alcohol,” Barela wrote. “Probationer Faustine has shown by calling Cordant and failing to report for UA’s that he understands that he is violating his probation and continues to disreguard (sic) the orders of this court and his orders of probation.”

Barela wrote in the 2018 report that Faustine’s convictions, along with his failure to report and to complete drug and alcohol tests, meant he was a danger to the community.

“Probationer Faustine is now and (sic) ABSCONDER from supervision and has proven that he does not take probation serious and is not a good candidate for supervised probation,” Barela wrote.

Barela wrote he was asking that the prosecutor file a motion to revoke his probation and sentence him to the remainder of his sentence, which would have had him in jail until June 4, 2020.

Prosecutor Sherry Thompson filed a motion to revoke Faustine’s probation on Nov. 15, 2018. She included the original plea deal, signed by prosecutor Brandon Vigil, which gave Faustine a suspended sentence minus the mandatory 97 days he had to serve on the DUI charge. The plea was approved by District Judge Pedro Rael.

When he was supposed to be arraigned on the probation violation charges, he never showed up, leading to the Dec. 13, 2018 bench warrant, eventually served on April 9, 2020, by the Isleta Police Department, according to court records.

After Faustine was arraigned on April 20, 2020, Barela issued a violation report on May 1, 2020, after Faustine failed to report for probation, followed by another on May 5. Sanchez Villalobos issued a bench warrant on May 6. It appears he did not know about the crash until, May 13, when he received a notification of arrest for Faustine. It listed him as in the Laguna jail.

Sentenced on probation violations

Sanchez Villalobos sentenced Anthony Faustine, 40, on Sept. 1, 2020, to 417 days after he admitted to violating his probation in the his 2016 DWI 3rd offense and fleeing an officer case. She also ordered him discharged from probation.

Stories on this case

Acoma man sentenced for absconding prior to fatal crash

Acoma man arraigned for killing man in DWI crash after fleeing police

 

See the case files on Document Cloud or Google Drive

Roswell man killed in hit-and-run, State Police asking for help to find the culprit

ARTESIA, N.M. — State Police are asking for the public’s help to identify the person and vehicle that hit and killed a 39-year-old Roswell man on April 11, 2020 on U.S. Highway 82 outside of Artesia.

State Police officers found Jenio Berdoza, 39, had been hit by a vehicle that fled from the scene, on U.S. Highway 82, near mile post 80, State Police Officer Ray Wilson wrote in a press release.

“Berdoza was transported to Artesia General Hospital where he succumbed to his injuries and was pronounced deceased by the Office of the Medical Investigator,” he wrote.

Berdoza, of Roswell, was walking on the side of the highway when he was hit by the vehicle, which then fled the scene, he wrote.

“If you were a witness or have any information about this crash, you are urged to call the New Mexico State Police at (575) 382-2500 option 1 and tell the dispatcher you have information related to the U.S. Highway 82 hit and run,” Wilson wrote.

See the case write-up or check for updates via the case’s tag.

Do you have information about this case? NM Homicide needs your assistance. Please fill out this form.

Continue reading “Roswell man killed in hit-and-run, State Police asking for help to find the culprit”

UNKNOWN: Jenio Berdoza — 4-11-2020

Suspect: UNKNOWN/UNSOLVED (hit and run)

Victim: Jenio Berdoza, 39

Charges: n/a

Status: Unsolved; police seeking public’s help in finding suspect

Date of incident: April 11, 2020

Type of incident: Hit and run

Agency: State Police

Location: U.S. Highway 82, near mile post 80, outside Artesia, Eddy County

Magistrate case number: N/A

District case number: N/A

Summary

State Police are asking for the public’s help to identify the person and vehicle that hit and killed a 39-year-old Roswell man on April 11, 2020 on U.S. Highway 82 outside of Artesia.

State Police officers found Jenio Berdoza, 39, had been hit by a vehicle that fled from the scene, on U.S. Highway 82, near mile post 80, State Police Officer Ray Wilson wrote in a press release.

“Berdoza was transported to Artesia General Hospital where he succumbed to his injuries and was pronounced deceased by the Office of the Medical Investigator,” he wrote.

Berdoza, of Roswell, was walking on the side of the highway when he was hit by the vehicle, which then fled the scene, he wrote.

“If you were a witness or have any information about this crash, you are urged to call the New Mexico State Police at (575) 382-2500 option 1 and tell the dispatcher you have information related to the U.S. Highway 82 hit and run,” Wilson wrote.

Do you have information about this case? NM Homicide needs your assistance. Please fill out this form.

 

Joshua Gutierrez of To’Hajiilee charged with murder for allegedly shooting unidentified Native American man on March 29, 2020

  • One witness claimed he watched Joshua Gutierrez shoot the man in the chest
  • Gutierrez claimed the unidentified man “assaulted” him

Read the case write-up here

TO’HAJIILEE, N.M. — A 21-year-old To’Hajiilee man is being held without bail after federal agents charged him with murder for fatally shooting a man on March 29, 2020 on the reservation.

Federal Bureau of Investigations agents charged Joshua Gutierrez for killing the unidentified man, called John Doe in court documents, and identified as a Native American.

Exit to To’hajiilee. Photo by formulaone/Flickr.

FBI Agent Dibiassi Robinson wrote in an affidavit for a criminal complaint that one witness said Gutierrez shot the man in the chest at a residence on the To’Hajiilee reservation and then threatened to shoot them while another heard the gunshot and was then threatened and a third claimed Gutierrez came to him after and confessed to the killing, before police arrived.

When Gutierrez spoke to investigators, he alleged he was attacked by the unidentified man, he wrote.

Witness JL told investigators that he was at an acquaintance’s house when Doe and another man, identified as MK, started arguing, then fighting. JL and Gutierrez went to school together, Robinson wrote.

“Doe and MK tussled for a few minutes before CP (year of birth 1987) ordered the group to leave the residence,” Robinson wrote. “CP is the current girlfriend of GUTIERREZ.”

John Doe and MK stopped briefly, then started “tussling” and being loud again, before John Doe and JL headed toward the front door, he wrote.

“JL indicated that as they approached the kitchen GUTIERREZ raised a handgun up, in his right hand, and fired one shot into the chest of DOE,” Robinson wrote. “JL made no mention of an assault or attempted assault by Doe towards GUTIERREZ. While attempting to provide aid to DOE, JL explained that GUTIERREZ told him and MK to get out of the residence ‘or I’ll shoot you too!’ Gutierrez pointed the firearm at the two as he spoke those words.”

Although Robinson wrote that JL “made no mention of an assault or attempted assault by Doe,” he did not write if JL was asked about an alleged assault.

JL and MK placed pressure on the wound, loaded DOE into a car and drove toward Albuquerque. While on the way, JL called 911 while MK drove, he wrote.

They stopped at the Route 66 Casino, Robinson wrote.

MK told investigators that he started arguing and fighting with Doe while at an acquaintance’s house, then CP, Gutierrez’s girlfriend, ordered them to leave.

“MK stated DOE left the room and a few seconds later he heard a pop,” Robinson wrote. “MK exited the room and went to the kitchen of the residence where he saw DOE laying on the floor. MK inquired as to what DOE had done and why GUTIERREZ had to shoot DOE. As MK attempted to provide aid to DOE, GUTIERREZ ordered the group to leave the residence ‘or I’ll shoot you too!’ Gutierrez pointed the firearm at the two as he spoke those words. JL informed MK ‘he’ll do it!'”

Robinson alleged Gutierrez “fled” the house, on foot. He was later found at his own house, 1 1/2 miles away.

Another man, JG, told Robinson that Gutierrez “confided in him that he had shot DOE,” he wrote.

“JG told GUTIERREZ to ‘lay down, the cops will be here,'” Robinson wrote.

After being read his Miranda rights, Gutierrez allegedly told investigators he shot John Doe because he attempted to “assault” him and that the gun he used was at JG’s house. A .380 caliber pistol and one spent cartridge were found at that house.

On March 31, 2020, Gutierrez appeared in Federal District Court for his initial appearance and was ordered held without bail. A release hearing is set for 9:40 a.m., April 2, according to court documents.

Do you have information about this case? NM Homicide needs your assistance. Please fill out this form.

Continue reading “Joshua Gutierrez of To’Hajiilee charged with murder for allegedly shooting unidentified Native American man on March 29, 2020”

San Diego man killed in hit-and-run after being released from SF County jail

SANTA FE, N.M. — State Police detectives are looking for a 2015 Ford truck, and its driver, which allegedly hit and killed 45-year-old Kevin Poirer around 10 p.m., March 27, 2020, as he walked down Highway 14, near the Santa Fe County Detention Center, which he had just been released from.

Mug shot of Kevin Poirer
Kevin Poirer

The driver of the truck, described as having front end damage and a missing mirror, allegedly fled the scene after hitting Poirer, State Police Officer and spokesman Ray Wilson wrote in a press release.

The truck hit Poirer near near mile post 43, he wrote.

Wilson spelled Poirer’s last name as “Poirier.”

Although Poirer was transported to St. Vincent’s Hospital, he died from his injuries, he wrote.

“The investigation indicates Poirier (sic) was walking south on Highway 14 and was struck by what investigators believe to be a south bound 2015 Ford Pick-up Truck,” Wilson wrote. “After striking Poirier, (sic) the truck fled the scene.  The truck will have front end damage and will be missing a mirror.”

Continue reading “San Diego man killed in hit-and-run after being released from SF County jail”

Joshua Gutierrez: Llewyn Platero — 3-29-2020

Suspect: Joshua Gutierrez

Victim: Llewyn Platero, 36

Charges: Murder

Date of incident: March 29, 2020

Status: Guilty plea to voluntary manslaughter, discharging a firearm in the course of the crime.

Sentence: 12 years per the plea agreement, final acceptance to be made by the sentencing judge

Investigating Agency: FBI

Location: To’Hajiilee, Bernalillo County

Federal magistrate case number: 20-mj-01001

Federal district case number: 20-cr-01867

Prosecuting agency: U.S. Attorney’s Office

Prosecutor: Allison Jaros

Defense attorney: Sylvia Baiz

Plea judge: Magistrate Judge Paul Briones

Other judge: Magistrate Judge Kirtan Khalsa

Sentencing judge: To be determined

 

Summary

Joshua Gutierrez, 21, of To’Hajiilee, allegedly shot and killed Llewyn Platero, 36, on March 29, 2020, at a house on the To’Hajiilee reservation. Although he claimed the man “assaulted him,” the one eye witness did not make the same assertion, according to court documents.

On Oct. 15, 2020, he pleaded guilty to voluntary manslaughter. The plea deal sets his sentence at 12 years. Sentencing has not been set.

[cmtoc_table_of_contents]

The incident

Photo of mesas
To’Hajiilee by Joel/Flickr. CC BY-NC

Federal Bureau of Investigation Agent Dibiassi Robinson was called out to the Route 66 Casino at 5:29 a.m., March 29, 2020, for a possible homicide, although a Navajo Nation criminal investigator told him the alleged killing took place on the To’Hajiilee reservation.

Robinson wrote in an affidavit for a criminal complaint that he spoke to two witnesses at the casino.

When Gutierrez spoke to investigators, he alleged he was attacked by Llewyn Platero, 36, he wrote. Platero is not identified in court records and referred to as Doe or John Doe.

Witness JL, at the casino, told investigators that he was at an acquaintance’s house when Platero and another man, identified as MK, started arguing, then fighting. JL and Gutierrez went to school together, Robinson wrote.

“Doe and MK tussled for a few minutes before CP (year of birth 1987) ordered the group to leave the residence,” Robinson wrote. “CP is the current girlfriend of GUTIERREZ.”

Platero and MK stopped briefly, then started “tussling” and being loud again, before Platero and JL headed toward the front door, he wrote.

“JL indicated that as they approached the kitchen GUTIERREZ raised a handgun up, in his right hand, and fired one shot into the chest of DOE,” Robinson wrote. “JL made no mention of an assault or attempted assault by Doe towards GUTIERREZ. While attempting to provide aid to DOE, JL explained that GUTIERREZ told him and MK to get out of the residence ‘or I’ll shoot you too!’ Gutierrez pointed the firearm at the two as he spoke those words.”

Although Robinson wrote that JL “made no mention of an assault or attempted assault by Doe,” he did not write if JL was asked about an alleged assault.

JL and MK placed pressure on the wound, loaded Platero into a car and drove toward Albuquerque. While on the way, JL called 911 while MK drove, he wrote.

They stopped at the Route 66 Casino, Robinson wrote.

MK, at the casino, told investigators that he started arguing and fighting with Doe while at an acquaintance’s house, then CP, Gutierrez’s girlfriend, ordered them to leave, he wrote.

“MK stated DOE left the room and a few seconds later he heard a pop,” Robinson wrote. “MK exited the room and went to the kitchen of the residence where he saw DOE laying on the floor. MK inquired as to what DOE had done and why GUTIERREZ had to shoot DOE. As MK attempted to provide aid to DOE, GUTIERREZ ordered the group to leave the residence ‘or I’ll shoot you too!’ Gutierrez pointed the firearm at the two as he spoke those words. JL informed MK ‘he’ll do it!'”

Robinson alleged Gutierrez “fled” the house, on foot. He was later found at his own house, 1 1/2 miles away.

Another man, JG, told Robinson that Gutierrez “confided in him that he had shot DOE,” he wrote.

“JG told GUTIERREZ to ‘lay down, the cops will be here,'” Robinson wrote.

After being read his Miranda rights, Gutierrez allegedly told investigators he shot John Doe because he attempted to “assault” him and that the gun he used was at JG’s house. A .380 caliber pistol and one spent cartridge were found at that house.

On March 31, 2020, Gutierrez appeared in Federal District Court for his initial appearance and was ordered held without bail.

The autopsy

According to the autopsy report, Platero died from a single gunshot wound. The bullet went through his heart and lungs, causing a “large amount” of bleeding in the chest cavity.

Pathologists Karen Zeigler, a fellow, and Ross Zumwalt, the medical investigator, wrote in the report that there was no soot or gunpowder stippling near the wound or on the clothing and that the firing range is “indeterminate.”

The bullet was recovered from the right back.

“The overall trajectory was front to back, left to right and slightly downward,” they wrote.

Secret records

In a June 24, 2020 unopposed motion for a protective order, federal prosecutor Allison Jaros requested public records, including the autopsy report, be kept secret and be the subject of a strict protective order.

Jaros wrote in the motion that the the agreed-to order would prevent defense attorney Sylvia Baiz from showing the public autopsy report to anyone.

In New Mexico, autopsy reports are public records.

Judge Kirtan Khalsa granted the protective order, despite the fact that autopsy reports are public records.

Plea

Gutierrez pleaded guilty Thursday, Oct. 15, 2020, in federal court to voluntary manslaughter and discharging a firearm for fatally shooting another man in an early-morning incident on March 29, 2020, on the reservation. He appeared via Zoom from a Cibola County detention center before Magistrate Judge Paul Briones who accepted Gutierrez’s guilty plea to a criminal information and set sentencing before a District Court judge at an undetermined time.

According to the plea deal, it is binding and Gutierrez will be sentences to 12 years. Final acceptance of the plea was deferred until sentencing by the district court judge, according to the form minutes.

Federal agents charged Gutierrez with murder in the death of Llewyn Platero, 36, on March 30, and Gutierrez has been in detention since.

Gutierrez was staying at his girlfriend’s house on March 29 in To’Hajilee when guests of his girlfriend’s father including Platero, identified as “John Doe” in charging documents, and Platero’s brother, identified as “MK” began to scuffle, Assistant U.S. Attorney Allison Jaros said.

“My girlfriend entered the room and told them to leave,” Jaros said, reading aloud the facts of the case from Gutierrez’s point of view. “Shortly thereafter I armed myself with a handgun and began walking down the hallway. John Doe exited the room. As we passed each other in the hallway, John Doe swung at me. I shot John Doe in the chest.”

Gutierrez’s plea deal waives any claim of self-defense, Jaros said.

When Briones asked Gutierrez if he felt he had enough time to talk about the case with his public defender, Sylvia A. Baiz, Gutierrez said, “Yeah, somewhat.”

Briones asked Gutierrez several additional questions about Baiz’s representation in which Gutierrez responded positively. With the plea deal, Gutierrez waives any appeal attempts except on the grounds of his representation.

Baiz said Gutierrez reached the plea deal ahead of a grand jury indictment deadline, which she said would have brought additional charges against Gutierrez.

Jaros said Platero’s family listened into the hearing, and would speak at sentencing.

Gutierrez’s next hearing was not scheduled at the conclusion of the plea hearing.

See the case documents on Google Drive or Document Cloud

Andrew Martinez contributed to this report

See past stories on this case

Joshua Gutierrez pleads to voluntary manslaughter for To’Hajiilee shooting

Joshua Gutierrez of To’Hajiilee charged with murder for allegedly shooting unidentified Native American man on March 29, 2020

UNKNOWN: Kevin Poirer — 3-27-2020

Suspect: UNKNOWN/UNSOLVED (Driver, 2015 Ford truck, with a missing mirror and front-end damage)

Victim: Kevin Poirer

Charges: n/a

Status: Unsolved; police seeking public’s help in finding suspect

Date of incident: March 27, 2020

Type of incident: Hit and run

Agency: State Police

Location: Highway 14, outside Santa Fe County Detention Center, Santa Fe County

Magistrate case number: N/A

District case number: N/A

 

Summary

Kevin Poirer, 45, of San Diego, was allegedly killed following a hit-and-run near the Santa Fe County Detention Center, on Highway 14, on March 27, 2020, around 10 p.m. State Police are actively seeking the public’s help to find the alleged killer and his or her truck.

[cmtoc_table_of_contents]

The hit and run

According to a press release from Officer and spokesman Ray Wilson, State Police detectives are looking for a 2015 Ford truck, and its driver, which allegedly hit and killed 45-year-old Kevin Poirer around 10 p.m., March 27, 2020, as he walked down Highway 14, near the Santa Fe County Detention Center, which he had just been released from.

Mug shot of Kevin Poirer
Kevin Poirer

The truck fled the scene after hitting Poirer. The truck is described as having front end damage and a missing mirror. The truck hit Poirer near near mile post 43, Wilson wrote.

Wilson spelled Poirer’s last name as “Poirier.”

Although Poirer was transported to St. Vincent’s Hospital, he died from his injuries, he wrote.

“The investigation indicates Poirier (sic) was walking south on Highway 14 and was struck by what investigators believe to be a south bound 2015 Ford Pick-up Truck,” Wilson wrote. “After striking Poirier, (sic) the truck fled the scene.  The truck will have front end damage and will be missing a mirror.”

According to a booking sheet from the Santa Fe County Detention Center, Poirer was booked on March 26 at 2:27 p.m. and released the following day, March 27, at 8:25 p.m., before he was hit around 10 p.m. It is not clear, from State Police, when the initial call was received.

Poirer was booked on a failure-to-appear warrant, according to the booking sheet.

According to a court docket, Poirer was initially arrested on a charge of breaking and entering on Dec. 9, 2019.

The Albuquerque Journal reports Poirer allegedly “pried open the doors to a Best Western hotel,” where police found him inside, and he told police he “just wanted to warm up.

Jail staff refused to admit him to the jail because of “severely infected” arm wounds, according to the Albuquerque Journal.

Wilson wrote that anyone with information should call State Police at (505) 841-9256, option 0, and tell the dispatcher they have “information related to the Highway 14 hit and run.”

Do you have information about this case? NM Homicide needs your assistance to tell the stories of homicide victims. Please fill out this form.

See the current case documents on Google Drive.