Police in San Pedro are dealing with an outraged section of that island community tonight after a sergeant killed a man late last night. There's outrage because the friends, neighbors and family of Jimmy Gutierrez say he didn't have to die in the way that he did. 7NEWS went to the island this morning to ask: was the use of lethal force justified? Here's the report.
Jules Vasquez Reporting,
It started here at Wet Willy's just after 10:30 last night. Sergeant Isais Sanchez was on duty and claims that a patron told him that he had been assaulted by a man with a firearm. Sanchez says the complainant pointed to a man that was leaving. That was 26-year-old Jimmy Gutierrez. Sanchez followed him the entire length of Sandpiper Street - about 500 feet, past Ritchie's Supermarket at the roundabout and caught up with him on Seaweed Street.
ASP Humberto Pott, San Pedro Police
"Sergeant Sanchez responded to the report and set chase after the person. He caught up with the person at the corner of Sandpiper Street, at the end of Sandpiper Street. While approaching the man from a distance of about ten feet from him, from the other person, he informed the person to stop, he is a police officer, and that he will need to conduct a search on him. The guy refused to stop, Sgt. Sanchez fired a warning shot to the ground and the person turned around facing Sgt. Sanchez pointed a firearm at him and Sgt. Sanchez seeing the firearm, he returned fire."
But residents say differently. This morning they massed angrily around the spot where their friend and neighbor was shot down on Seaweed Street. This man who wished to appear of camera was in the area at
the time of the shooting.
Eyewitness,
"At first I saw bwai bwai di come and the police grabbed him and man
roughed up his hand like that to try and make the police not hold him and afterwards I heard they start shooting him. The man dropped the ground and thing and after that they still continued shooting him a lot more. The man was laying down right there and they still finished him."
Jules Vasquez,
You're saying they shot him while he was on the ground?
Eyewitness,
"While on the ground too because he was shot on his foot. I saw him drop and then...he didn't even try to get up, he did one lil move and after that they just finished it."
ASP Humberto Pott,
"If they have their witnesses bring them forward, the investigation is still ongoing. We recovered a firearm from the person. It is Season 75 model 9 millimeter pistol."
Jules Vasquez,
Now again residents are saying Sgt. Sanchez planted that weapon.
ASP Humberto Pott,
"Like I said the investigation is ongoing. If they have the proof of that, let them bring it forward and we'll work with that."
And while the police and the community differ on the firearm, they do not differ on one fact: many shots were fired. Police say they have recovered 7 expended 9-millimeter shells. One of the slugs was found lodged in this bed in Egbert Rubio's home. It went through the wall and right through the pillow. He was inside and it happened directly in front of his home. He told us what he heard.
Egbert Rubio, Area Resident
"I just heard blup, blup, blup, blup, shots fly and I said that's gunshot and came out. Afterwards I heard gunshots came again just like that right."
Jules Vasquez,
Did he say anything? Did he show any emotion?
Egbert Rubio,
"He didn't show any emotion. When I came out, someone said that you killed the man and he said that the man had a gun. That is all I heard he say - he had a gun and he was standing like that."
Jules Vasquez,
I am told they did find a gun on him. Do you anything about that?
Egbert Rubio,
"The gun wasn't on him at the time. The gun was at the corner at that side and the man was laying here and the officer was by the gun standing over that side by the gun. I don't feel good about it at all because one of the bullets damaged my house and the bullet passed through there, passed through a pillow where the guy was sleeping right there. The bullet's stuck in the bed head or the bed foot so I don't feel about it. I think they are doing too much. They could have killed one of my tenants or something like that."
Rene Franco, San Juan Resident
"If they shot the man one time, that is a warning. They didn't give the man any warning, they shot him and they finished killed the man on the ground."
Jules Vasquez,
Would you say that Sgt. Sanchez used justifiable force in that situation?
ASP Humberto Pott,
"The investigation will determine that."
Jules Vasquez,
Sir from your knowledge of what happened, could it have been managed more successfully?
Could the officer have deescalated the situation without using lethal force?
ASP Humberto Pott,
"Like I mentioned, according to the officer, when he approached the person ten feet away, the person instead of stopping and surrendering to the search refused, turned around, and pointed the firearm at the police. What do you expect the police to do?"
Jules Vasquez,
You will agree that it is a very exceptional event for someone to, especially on San Pedro which is a small town, for someone point a firearm at a police officer? You will agree it is a very rare event. Secondly would you say that the person, the deceased, has had a history of run-ins with your department?
ASP Humberto Pott,
"Since I am here no but we are making checks, we are doing research but since I am here, I have not heard the name any at all."
Jules Vasquez,
Would you agree that to raise a pistol at a police officer, would be an act of a true outlaw.
ASP Humberto Pott,
"Right."
Jules Vasquez,
As far as you know, is the deceased such a person?
ASP Humberto Pott,
"Like mentioned, since I've been here I have not had any contact with the person. I have not seen the person any at all. I cannot seeing the person at the station. I cannot recall the name any at all."
Jules Vasquez,
So he is not known to you as a bad man?
ASP Humberto Pott,
"To me, no."
And that's the feeling of the entire neighborhood in the San Juan area. Today they came out to tell us that San Juan is regularly and systematically harassed by police - and what happened last night to one of their neighbors is just an extension of that.
Richard Daly, San Juan Resident
"They shot my little boy and killed my little boy right here like a dog."
Rene Franco,
"The officers have to do their job, we respect them, but don't come and kill people for nothing. This young boy who dead, Jimmy, everybody feels it back here. You know? Because Jimmy is a hard working man and he helps out everybody back here. The man works on the barge and when he needs extra help he comes back here and looks for us so we can go work with him and they will come and kill him here for nothing."
Jeremy Baptist, San Juan Resident
"That man helped the youths around here so the youths can make a little $50 for the day. That is how he got his respect check."
Deon Cardinez, San Juan Resident
"This is more than one harassment. We try to find a job and thing we find a job and they still harass us. We want justice."
Karen Edwards, San Juan Resident
"In the last couple months ago they went back there and they shoot up back there. I had my baby out, I have two kids and they were out there. Anyone of them could have gotten shot. The police have bad style. They are really corrected and we don't want that on this island. We understand the people are corrupted too but not at that extreme."
ASP Humberto Pott,
"I would not say they are being harassed. The only way they are being harassed is if they are involved in illegal activities because if you are a person living in San Juan, you are honestly and not involved in any illegal activities, you are not going to be harassed by the police."
But it's not as simple as that. There's heavy history between police and the community in this area. But in February of 2004, police killed Leroy Pilgrim not far from here. The officer Burton Caliz has been charged for murder.
Jules Vasquez,
Can you empathize with how the residents of this area feel that two residents of that community have been killed by police officers?
ASP Humberto Pott,
"I understand the sentiments and this evening I will be meeting with the family."
But judging from the anger we found in this area today a meeting might not be enough to quell the rage in San Juan.
And while we were on the island, Gutierrez's family was in Belize City at the morgue. Because of the sensitive nature of the investigation, police prioritized the post mortem and it was performed hours after he was killed. His mother and sister told us that Jimmy Gutierrez had only just left to buy food.
Irma Vanegas, Mother of Deceased
"He reached home at around 11pm and 10 minutes later he left his home to buy food. Suddenly we heard gun shots by the corner of our block. All the neighbors went to see what happened and I saw my son lying dead on the ground."
Sandra Gutierrez, Sister of deceased
"I heard my mom calling for me to get up because I think it is your brother, that's what she told me. So I hurried got dress and I ran outside
and it was like two houses away from our house, around the corner, and all the neighbors were there and it had just just happened and the police had already put their tape around."
Keith Swift,
Police say your brother may have had a gun.
Sandra Gutierrez,
"No. He had just come from work and where would he get a gun from. That is the problem right now. They are going after the ones that are there having a beer or something and they are behind...everyday you hear in our neighborhood gunshots. Where is the police? They are never there. Why they had to come and kill my brother."
Keith Swift,
Was he a troublemaker?
Sandra Gutierrez,
"No, he was like any other guy. You know you get drunk and you have a fight and thing but not to make them come and do this to him."
Keith Swift,
He didn't deserve this.
Sandra Gutierrez,
"He didn't deserve this. He was just 26 years old. He had no girlfriend, not that I knew of; no family, just us."
And a few points about the case. First sergeant Sanchez shot Gutierrez using his lice sensed personal 9-millimeter pistol. They allege that Gutierrez's gun was also a 9-millimeter pistol. Both have been sent to the forensic lab for testing. Also, the person who police claim was been accosted by Gutierrez at Wet Willy's has not come forward to give a statement. It's a critical absence - because that person - according to police is who asked Sanchez to go after Gutierrez.
