Charges dismissed in alleged road rage attack of a pregnant woman
Attempted murder charges were dismissed Monday against an ex-con who was accused in an alleged gang-related road rage attack in Palm Springs that left a pregnant woman with a non-life threatening gunshot wound to the face.
Gabriel Perez Gutierrez of Indio, 34, was charged with two counts of attempted murder, two counts of assault with a gun and multiple sentence- enhancing allegations for discharging firearms.
The case was scheduled to proceed to trial, but all charges were dismissed today, as the prosecution was unable to move forward.
Deputy District Attorney Hawlee Valente could not be reached for comment.
Gutierrez’s attorney, Angela Friedrichs, declined to comment.
Gutierrez was arrested in September 2014 at a home in the 5100 block of East Ramon Road in Palm Springs, more than two years after the alleged shooting took place. Palm Springs police Sergeant Harvey Reed said officers received information that Gutierrez had recently been seen in Cathedral City.
On May 31, 2012, police said Gutierrez was involved in a vehicle-to-vehicle altercation at the intersection of Crossley and East Ramon roads.
According to a declaration filed in support of an arrest warrant, the driver of a Cadillac sedan and his roommate — later identified as Gutierrez — were going to a friend’s house when a Honda CRV cut them off.
The SUV pulled beside the Cadillac and the driver of the SUV asked Gutierrez “Who are you?” … “Where are you from?” and “Do you have a problem?” according to the declaration. Gutierrez and the driver of the SUV were connected to different gangs, the document said.
According to the document, the driver of the Cadillac heard gunfire, and saw that Gutierrez had a gun. Gutierrez allegedly told the driver to speed off, then got out and fled when the car reached Whispering Palms Drive.
The passenger in the SUV, Martha Valle, was struck in the mouth and side of her face. She was treated and released from the hospital within hours, police said.
Police believed that the SUV’s driver was trying to provoke the Cadillac’s driver into “some type of confrontation,” and Gutierrez “obliged,” according to the declaration. At least four rounds were fired at the vehicle.
An anonymous caller and the Cadillac’s driver later allegedly identified Gutierrez as the shooter, culminating in a warrant for his arrest.
According to court records, Gutierrez has prior convictions for being a felon in possession of a gun and driving under the influence.
He also pleaded guilty last week to a count of being a convicted felon and narcotic addict in possession of a firearm. His sentencing in that case is scheduled for July 12.