Execution Report: Jose Gutierrez

Jose Angel Gutierrez, 39, was executed by lethal injection on 18 November 1999 in Huntsville, Texas, for murdering a store clerk.

On 5 September 1989, Gutierrez, then 28, and his brother, Jessie, 24, walked into a coin and jewelry store in College Station. Jose went to the counter and was waited on by Dorothy McNew, 42. Jessie remained on the other side of the store. After they had been in the store for about 10 to 15 minutes, Jose Gutierrez drew a .22-caliber semiautomatic pistol and shot McNew in the head. He then turned and instructed the other employees and the other customer in the store to get behind the counter and lie down. Jessie, who was armed with a .32-caliber semiautomatic pistol, began taking jewlery out of the store's glass cases and putting it into bags. They repeatedly threatened to kill anyone in the store who failed to comply with their instructions. They fled the store with jewelry worth approximately $500,000.

McNew was conscious, moaning and asking for help during the robbery. She died the following day.

The pair of robbers went to the home of Isabel Hernandez, their sister. She saw them carrying a suitcase and a pillowcase on their way into a back bedroom. When Isabel heard a news report of the robbery and a description of the robbers, she suspected her brothers and asked them whether they were involved. Jose told her that he shot the clerk. They gave her some gold jewelry in exchange for her promise not to tell anyone what she had seen.

Isabel told them that the news report described two men with long hair, so Jessie then cut Jose's hair. Isabel arranged for a cousin to drive her brothers to Houston, where they were to stay with another sister, Mary Jane Gutierrez.

An anonymous tip led police to look for the robbers at Isabel Hernandez's house. From there, their investigation took them to Houston. Police arrested Jose Gutierrez at Mary Jane's house. He was wearing some of the stolen jewelry. Police recovered numerous stolen jewlery items from the apartment, as well as $1,200 in cash, a .22-caliber semiautomatic pistol, a .32-caliber semiautomatic pistol, gloves, a ski mask, and a woman's stocking. Jessie Gutierrez was arrested at a local motel. He was also in possession of stolen jewelry and more than $2,200 in cash.

Witnesses at the store robbery identified Jose Gutierrez as the shooter. Jessie Gutierrez was placed at the scene by fingerprint evidence. Store employees testified that the sales counters were cleaned several times every day, thereby excluding the possibility that Jessie had left the fingerprints on an earlier visit to the store. Evidence also showed that Jessie had purchased the two pistols. He purchased a box of ammunition on the same day as the robbery.

Jose Gutierrez had a previous conviction for aggravated rape and theft. He began serving his prison sentence in August 1982 and was released in April 1987. At his punishment hearing, a former wife testified that he had once held a knife on her and had injured their 8-month-old baby by beating him. Another former wife testifed that he attempted to choke her once during an argument.

Continued on Page 2