The California Board of Parole granted release to a convicted murderer who fled the country and remained a fugitive for five years after committing the crime.
Representing the District Attorney’s Office at the hearing and objecting to the release was Deputy DA Gina Nargie.
On the evening of May 24, 1998, Jesus Gutierrez shot and killed Derrick Luque while Mr. Luque was walking with his girlfriend and pushing their child in a stroller. Earlier that day, the victim got into an argument with three juvenile males who were members of the Rexland Acres Gang. Later that evening, the victim and his girlfriend took their child to Rexland Park. On their walk home, the family heard one of the juvenile males from earlier that day yelling. Gutierrez then fired four rounds in the family’s direction. The victim was shot in the face and succumbed to his injuries.
Following the murder, Gutierrez fled to Mexico to avoid arrest. After five years, Gutierrez left Mexico and moved to Minnesota. On October 20, 2003, law enforcement took Gutierrez into custody on an arrest warrant.
On May 17, 2004, Gutierrez pled guilty to murder in the second degree. He was subsequently sentenced to 15 years to life in state prison.
Gutierrez is currently 43 years old and has served approximately 22 years in state prison. At the parole hearing, the commissioners focused on Gutierrez’s disassociation from gangs, rehabilitative programming, facilitation of rehabilitative program groups, maintenance of sobriety, and parole plans. Ultimately, the board found that Gutierrez was suitable for parole and no longer poses a current unreasonable risk of danger to society. Gutierrez will remain in custody for approximately 120-180 days while his grant of parole is reviewed.
DA Zimmer commented; “The victim's family endured years without the justice and closure they deserved, and this parole decision does not diminish the impact this crime has had on their lives. Although the parole board reached a different conclusion, our commitment remains with prioritizing public safety.”