Man on probation shot at police in Old East Dallas before cop returned fire, chief says

Seconds into a struggle with Dallas police over the weekend, a man on federal probation pulled a handgun from his pocket and shot once, striking a nearby building and prompting an officer to return fire, Chief Eddie García said Wednesday.

About five minutes of body-camera footage released at a news conference showed officers pulling Hernan Gutierrez, 35, to the ground before one of them shoots him about 7 p.m. Sunday. Gutierrez pleaded for forgiveness as officers tried to detain him.

Gutierrez remains hospitalized in critical condition, the chief said. No officers were injured. García said the shooting was an example of the dangerous situations officers face daily.

“Had this individual had more time to have more plans, this could’ve turned out a lot different,” García said. “He was trying to get away by killing my officers.”

Police responded to the Bennett Loft apartments in the 1900 block of Bennett Avenue in Old East Dallas after receiving a tip that a man at the complex was the same person suspected of stealing a vehicle and ramming a patrol car earlier this month, García said.

Gutierrez was on federal probation for being a felon in possession of a firearm and for possession of a controlled substance, García said. Gutierrez had cut off his ankle monitor in August before a court appearance for a plea deal he was going to make, the chief said.

Gutierrez, who has an active warrant for a weapons charge, also had a criminal background that included drug charges and two kidnapping convictions, the chief noted.

García cited the incident as an example of the ineffectiveness of ankle monitors, which have been scrutinized in Texas after it was learned that the suspect in a deadly shooting at Methodist Dallas Medical Center last fall was a parolee who had previously cut off his ankle monitor.

At a Texas House Committee on Corrections hearing this week, the chief voiced vehement support for proposed legislation that would criminalize removing or disabling an ankle monitor.

He said Wednesday that he’s working with federal authorities to learn more about the terms of Gutierrez’s electronic monitoring and to “figure out exactly where the problem was” in his case.

“The ankle monitors do not work for these individuals,” García said. “Not only did my officers almost lose their lives, but God knows how many other lives he’s affected in the time he’s been out.”

Gutierrez will face an aggravated assault of a public servant charge with more charges possible, the chief said. He added that Gutierrez had a key for a stolen vehicle that was in the lot, and police seized his backpack, which had money and large amounts of cocaine and other drugs.

‘Forgive me’

The footage released by police shows Sr. Cpl. Matthew McLain entering the apartment building as he speaks to another officer. “I’m just gonna play it off like we’re on a call,” he says before he opens a front lobby door and heads to the back parking lot.

Gutierrez is seen some distance off in the parking lot walking toward the officers, a backpack in hand, the footage shows.

“Were you guys breaking into that?” McLain asks as his camera shows two other men opening the back of a box truck. Someone appears to respond no.

“Man, put your hands up,” McLain says almost immediately, then points a gun at Gutierrez. Someone says, “What the hell?”

Gutierrez takes a few steps backwards when McLain grips Gutierrez’s jacket. Officer Kimberly Esquivel lunges forward to grab Gutierrez as he continues to pull away. Both officers try to yank him down as Gutierrez resists.

Another person, whose face is blurred in the video, walks toward officers. McLain is seen pointing a stun gun at them and says, “Back the f--- up.” The person staggers backwards and McLain aims the stun gun at Gutierrez, who cries out repeatedly.

Gutierrez runs backwards as Esquivel holds his sweatshirt. McLain deploys the stun gun, which García said later was “ineffective” in getting Gutierrez down.

Gutierrez pulls a gun from his jacket, and McLain yells out, “He’s got a gun!” twice. The officers pull Gutierrez down to the ground, and a loud bang sounds. Esquivel screams out.

Gutierrez and Esquivel both struggle on the ground. Gutierrez, now on his back, waves the gun in the air, and McLain yells “No!” several times, the footage shows.

Esquivel pushes Gutierrez onto his stomach, and while pressing a gun into his back yells, “Oh my God!” McLain says the gun is still under Gutierrez and both officers try to handcuff him, then call for an ambulance.

“Sorry. I’m sorry,” Esquivel says as she tries to handcuff Gutierrez, and McLain comforts her.

Gutierrez squirms, and McLain yells out, “You’re going to get shot again, you piece of s—.”

Other officers arrive and help to handcuff Gutierrez, who says “I didn’t want to kill you. I was trying to get away.”

The officers move Gutierrez, who appears to be bleeding from his torso, to a sitting position. Gutierrez continues to repeat, “Forgive me,” before the footage ends.

Only one gunshot is heard in the footage, which García said is from Gutierrez. The chief said the only officer who fired was Esquivel.

“The irony is you don’t really hear the officer’s gunshot,” García said. “Obviously, the chaos as it unfurls, we have to work through everything.”

Second shooting with an officer in 2023

Police recovered the gun Gutierrez had from the parking lot, and found 15 rounds in it, the chief said. Police also found the round fired by Gutierrez in a nearby apartment, which was occupied at the time though nobody was injured, García said.

Asked whether it was standard for police to pull a gun on Gutierrez before the encounter escalated, the chief said it wasn’t a violation of policy given Gutierrez’s history and how he was known to flee. He said McLain had prior knowledge of Gutierrez from the earlier crime, involving the stolen vehicle, in which he’s suspected.

“While this is never our intended outcome, I’m grateful that none of our officers or any other civilians were injured,” the chief said.

The Dallas police Special Investigations Unit and the Dallas County District Attorney’s Office are investigating, which is customary for shootings that involve officers. A representative on the police oversight board did not immediately respond to a request for comment.

The shooting is the second involving a Dallas police officer in 2023. On Jan. 25, Joey Fraire, an 18-year-old capital murder suspect, died after six police officers trying to arrest him fired at him about 55 times.

Staff writer Maggie Prosser contributed to this report.