Augustine A Gutierrez

CUSTODIAL DEATH REPORT Agency Information ORIGINAL CDR Number: 19-380-UF Version Type: VERSION Report Date: 4/17/2019 4:36 PM Status: Submitted Agency/Facility Information San Antonio Police Agency Name: Agency Address: 315 S. Santa Rosa Dept. Agency City: San Antonio Agency State: TX Agency Zip: 78207 Director Information Director Salutation: Chief Director First Name: William Director Middle Name: P. Director Last Name: McManus Reporter Name: Juan Espinoza Reporter Email: [email protected] Decedent Information Custodial Death Report :: Page 1 of 7 --- PAGE BREAK --- Identity of Deceased First Name: Augustine Middle Name: A Last Name: Gutierrez Suffix: Date of Birth: 11/19/1976 Sex: Male Race: Hispanic or Latino Age At Time Of Death: 42 Date/Time of Custody (arrest, incarceration) (mm/dd/yyyy hh:mm AM/PM): Date/Time of Custody or 3/28/2019 10:37 Incident: PM Date/Time of Death (mm/dd/yyyy hh:mm AM/PM): 3/28/2019 11:35 Death Date and Time: PM Manner / Cause of Death Has a medical examiner or coroner conducted an evaluation to determine a cause of death? Medical Examiner/Coroner Yes, results are Evaluation?: available What was the manner of death? (select only one) Homicide (includes Manner of Death: Justifiable Custodial Death Report :: Page 2 of 7 --- PAGE BREAK --- Homicide) Medical Cause of Death: Medical Cause of Death: Single gunshot wound to the upper torso Had the decedent been receiving treatment for the medical condition that caused the death after admission to your jail's jurisdiction? Medical Treatment: No If death was an accident, homicide or suicide, who caused the death? Law Who caused the death?: enforcement/correctional personnel If a weapon caused the death, what type of weapon caused the death? (Hold CTRL to select all that apply) Type of weapon that caused Handgun death?: Was the cause of death the result of a pre-existing medical condition or did the decedent develop the condition after admission? Not Applicable; cause of death was Pre existing medical accidental injury, condition?: intoxication, suicide or homicide If death was an accident, homicide or suicide, what was the means of death? Means of Death: Firearm Custodial Death Report :: Page 3 of 7 --- PAGE BREAK --- Location / Custody Information Where did the event causing the death occur? Street Address: IH 10 E and FM 464 City: Seguin County: Guadalupe Zip: 78155 What location category best describes where the event causing the death occurred? Location Category: Roadway/highway/street/sidewalk What type of custody/facility was the Decedent in at the time of death: Pre-Custodial Use Type of Custody: of Force Specific type of custody/facility: Specific Type of Custody/Facility: Custody of Law Enforcement Personnel during/fleeing arrest What was the time and date of the deceased's entry into the law enforcement facility where the death occurred (mm/dd/yyyy hh:mm AM/PM): Entry Date Time: Entry Date Time N/A: Where did the death occur? Death Location: Medical facility Custodial Death Report :: Page 4 of 7 --- PAGE BREAK --- General Information Did any other law enforcement agencies respond to calls for service related to this incident? Other Agencies Respond?: Yes What were the most serious offense(s) with which the deceased was (or would have been) charged with at the time of death? Offense 1: Aggravated Robbery Offense 2: Felony evading arrest/detention in a vehicle Offense 3: Were the Charges:: Filed What were the types of charges or reason for contact? (Hold CTRL to select all that apply) Type of Offense: Other, specify Type of Offense, Other: Augustine Gutierrez had four Aggravated Robbery warrants and one Felon Poss of Firearm At any time during the incident and/or entry into the law enforcement facility, did the decedent display or use a weapon? Decedent display/use of Yes, mark all that weapons: apply Decedent Display or Use Discharged firearm Weapon Details: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Custodial Death Report :: Page 5 of 7 --- PAGE BREAK --- Yes (select all that Attempt to Injure Others?: apply) Attempted to injure Ways Decedent Attempted To law enforcement Injure Others: personnel At any time during the incident and/or entry into the law enforcement facility, did the decedent: Appear intoxicated (alcohol or Unknown Make suicidal statements?: Yes drugs): Exhibit any mental health Unknown Exhibit any medical problems?: Unknown problems?: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Barricade self or initiate Resist being handcuffed or Yes Yes standoff?: arrested?: Physically attempt/assault Gain possession of officer's Yes No officer(s): weapon: Verbally threaten other(s) Escape or attempt to Yes Yes including law: escape/flee custody: Attempt gain possession No officer's weapon: Was the deceased under restraint in the time leading up to the death or the events causing the death? Under Restraint: No Summary of Incident Summary of How the Death Occurred: (max. 30,000 characters) Summary: The officer shot the decedent, Augustine Gutierrez, after a lengthy chase involving DPS Troopers and San Antonio Police that stared in San Antonio, Texas. The decedent, Augustine Gutierrez, crashed the stolen vehicle he was driving (Black, Acura, ILX, 4-dr, TX Lic LNS7628) into the back of a Guadalupe County Custodial Death Report :: Page 6 of 7 --- PAGE BREAK --- Sheriff’s vehicle that was parked on the right shoulder of the highway at IH 10 E and FM 464 near Seguin, Texas. The crash rendered the vehicle disabled. At that time, DPS Troopers and San Antonio Police attempted to get the decedent, Augustine Gutierrez, out of his vehicle by giving him verbal commands, deploying a taser, and removing him by hand when the taser proved ineffective. Officers observed a handgun in the decedent's, Augustine Gutierrez, lap and told him not to reach for it. The decedent, Augustine Gutierrez, told the officers he did not want to hurt them but begged them to kill him. The decedent, Augustine Gutierrez, reached for the handgun causing a San Antonio Police Officer to fire his weapon at the decedent, Augustine Gutierrez, once striking him in the chest. The decedent, Augustine Gutierrez was transported to Guadalupe County Regional Medical Center where he died soon after arrival. Custodial Death Report :: Page 7 of 7