EAGLE MOUNTAIN — A Lehi man arrested in connection with a shooting in Eagle Mountain that left a 23-year-old man in critical condition — an event that allegedly stemmed from the man’s cousin losing a fist fight — is now facing nearly two dozen felony charges.
Leopoldo Gutierrez, 25, was charged Tuesday in 4th District Court with two counts of attempted murder and discharge of a firearm causing serious injury, first-degree felonies; 17 counts of discharge of a firearm and theft by receiving stolen property, second-degree felonies; and causing a riot, a third-degree felony. Prosecutors have requested that a warrant be issued for Gutierrez’s arrest.
The series of events began in December when a 17-year-old boy learned that his girlfriend was messaging a 20-year-old man on social media and “angrily” sent the man a message, “calling him out for things that he was saying,” according to charging documents.
On Dec. 23, the man and the teen met and got into a fist fight, the charges state.
“While both (the teen and man) sustained injuries in the fight, the consensus was that (the man) won the fight,” according to the charges. “After the fight, (the teen and a second teen) were upset with (the man), in part because of how badly he had beaten (the teen).”
The teen then sent a message to his ex-girlfriend and her told her “that he wanted (the man) dead,” the charges state. The teen went with two others to the home of Gutierrez, his cousin, who became angry after hearing what happened, prosecutors state.
“Even though (the teen) initiated the fight, Gutierrez was upset with (the man) because of the belief that it was not a fair fight with the age difference,” according to charging documents.
The group then came up with a plan to go to the man’s home “and retaliate,” the charges state. The four drove that night to his residence in Eagle Mountain.
Investigators say while the teen conveyed to the man that he wanted a rematch of their fist fight, “his conduct and the conduct of his three friends told another story. Their conduct, caught on audio and video recording, demonstrates that the group devised and then orchestrated a plan to lure (the man) out of his home and down the street where they could shoot him,” according to the charges.
Prosecutors say the teen “continually taunted (the man) and requested a second fist fight.” The group eventually lured the man out of his home and “opened fire.”
The man came out of his house with his 23-year-old brother. As they approached the other group, shots were fired.
“Within the first few shots, (a teen) struck (the brother) in the neck and (the brother) fell to the ground in the grass in the yard,” the charges state.”(The man) who was just a few paces behind his older brother, saw his brother fall and ran toward the gunfire and directly to his brother, covering his brother with his body to shield him from the continued gunfire.
“(The teen) continued to shoot even after (the brother and the man) were on the ground, and after 16 rounds, (a teen) put the car into gear with the lights still off. As (the driver) pulled away, (the alleged shooter) turned and fired two more rounds, intending to fire them out the back passenger window this time, but failing to notice that the back window was not rolled down. (He) shattered the back passenger window and (the driver) fled the scene,” charging documents state.
In audio and video recordings of the incident, “(the man) can be heard crying and wailing, begging for his brother not to die and telling him he loves him,” the charges state. “During this time, (the brother) went unconscious and lost significant blood.”
Two 17-year-old boys in the vehicle later surrendered to police. The teen involved in the original fist fight was also arrested.
“Gutierrez could not be located by law enforcement at his home for six days following the shooting and was ultimately found to be staying with a family member,” the charges state.
Despite being arrested following a week-long search, Gutierrez was released from jail on Jan. 7 for undisclosed reasons, according to jail records.
Two of the 17-year-old boys are believed to be gang members, prosecutors say. The alleged teen shooter was visiting from Texas.
As of last week, the sheriff’s office said the 23-year-old victim remained hospitalized and was “making improvements” and was no longer in the intensive care unit.
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