A 38-year-old man who evaded capture following a gang-related shooting in Chula Vista has been ordered to stand trial for attempted murder and assault upon a man who was shot in the face.
Alejandro Gutierrez, 38, is also charged with being a felon in possession of a firearm in the April 2 incident, as he has a 1996 conviction of attempted murder, according to Chula Vista Superior Court records.
Judge Stephanie Sontag heard from the victim and a detective in the June 30 preliminary hearing before ordering Gutierrez to stand trial. He is also charged with causing great bodily injury. A trial date will be set on July 15.
The victim was shot in the face with a semi-automatic pistol and the bullet went in under his right eye, according to Deputy District Attorney James Fontaine. The bullet came out near his right temple and bullet fragments remain lodged in his face.
After the victim fell to the ground, Gutierrez fired two more shots at him, but they missed, said Fontaine. The charges say he committed the crime to “benefit a criminal street gang.”
If Gutierrez is convicted of all charges, he faces a sentence of 39 years plus 25 years to life due to his prior conviction, said Fontaine.
Gutierrez fled the scene of the shooting but was spotted April 16 in Chula Vista by members of the U.S. Marshal’s Fugitive Apprehension team. Gutierrez evaded arrest by escaping in a storm drain, but he was arrested April 20 at a San Ysidro motel.
Gutierrez has pleaded not guilty to all charges. He remains in the George Bailey Detention Facility without bail.
