A jury acquitted a man of attempted murder and assault with a deadly weapon after the victim recanted his earlier story in court.
The jury deliberated about a day before acquitting Alejandro Gutierrez, 38, of attempting to kill a 31-year-old man when he was shot in the face April 2 in Chula Vista.
The jury also did not find that he was a felon in possession of a firearm, though court records say Gutierrez was convicted of attempted murder in 1996 in Chula Vista. The crime was alleged to have occurred to benefit a criminal street gang; those allegations were not determined to be true.
The victim was arrested by Chula Vista Police on Nov. 18, about three weeks before Gutierrez’s trial started in Chula Vista Superior Court. The victim remains in jail and testified as an inmate.
The victim has pleaded guilty to burglary and is awaiting transfer to state prison, according to the prosecutor, who said the victim may have felt that he could be looked upon as “a snitch” in prison because of his testimony.
The victim “completely changed his story” from what he told police and denied Gutierrez was the gunman, the prosecutor said.
After the jury’s acquittal on all counts Dec. 18, Judge Edward Allard III ordered Gutierrez released from jail. A message was left with Gutierrez’s attorney on Monday, but she could not be reached for comment.
