December 7th, 2008 12:11 PM
Neutral: Business Owner Acquitted - San Francisco, CA
SAN FRANCISCO / Auto shop owner acquitted in killing
Good and bad I guess, acquiited of murder on grounds of self - defense, but convicted of gun possession charges.
A San Francisco jury acquitted a Mission District auto shop owner Wednesday of homicide charges, finding he acted in self-defense when he fired at an armed man during an apparent extortion attempt.
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Jaime Gutierrez, 32, shot and killed Abraham Guerra, 37, on July 26, 2007, outside his auto repair shop on 23rd Street near Shotwell Street.
Prosecutors said Gutierrez had confronted Guerra with a shotgun. Gutierrez's attorney, Eric Safire, argued that his client was defending himself after Guerra fired a handgun at him.
After the shooting, Gutierrez drove Guerra to the Ingleside Police Station and tried to walk away, authorities said. He was stopped by officers and arrested.
Gutierrez was acquitted of murder and manslaughter but was convicted of being a felon in possession of a gun. He had a previous drug conviction.
Gutierrez is scheduled to appear Thursday in Superior Court before Judge Cynthia Ming-Mei Lee. He could be released immediately because he has already been in custody for more than a year.
"He's thrilled - he thanked God, he thanked everybody," Safire said.
Prosecutor Scot Clark said he respected the jury's findings but disagreed with them. He had argued Gutierrez was not in danger when he shot Guerra.
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December 7th, 2008 02:47 PM
I wonder if there isn't a lot more we didn't hear about. For all we know it could have been a drug deal gone bad, and the whole "self-defense" claim could be made up.
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