27-year-old Carlos Gutierrez was arrested on charges ranging from PC 32310(A) – felony, possession of a large capacity magazine; PC 29800(A) (1) – felon in possession of a firearm; PC 30305(A)(1) – felon in possession of ammunition; PC 30605(A) – misdemeanor illegal possession of an assault rifle; and PC 25400(C)(3) – felony, in possession of a firearm while on active parole.
A gang enhancement charge is also expected to be levied against Gutierrez, along with other charges linking him to the concealed possession of a Smith and Wesson 9mm semi-automatic rifle.
On Monday, August 4 Gutierrez was found to be in possession of 2 large capacity magazines that held 30 rounds and 16 rounds of ammunition.
San Jose’s METRO unit was assigned to a high impact patrol area where a homicide had occurred several days prior. The SJPD METRO unit saturated the area in order to help prevent more violence from occurring through gang retaliation. This is when officers noticed Gutierrez driving without wearing his seatbelt, a violation under CVC 27315. He made a right turn on Branham Lane and began to driving defensively, eventually turning left on Saddlebrook Drive in San Jose. This is when he tried to pull his seatbelt over his shoulder in an apparent attempt to sway officers from continuing to follow him. However, the SJPD Metro Unit officers performed a routine traffic stop near Eagle Rock Road, and Saddlebrook Drive.
When officers approached the driver, one of them noticed that Gutierrez had four dots in a square pattern tattooed on his left elbow, and a tattoo of “862” behind his left ear. These symbolize Norteno street gang affiliation, prompting the officers to take extreme caution while questioning the suspect.
A pistol magazine was visible from the passenger side window on the floorboard on the passenger side of the vehicle. When asked if he had any more guns in his car, Gutierrez said, “I have a pistol and rifle in the trunk”. After asking to search the vehicle, officers identified a loaded 9mm high capacity Smith and Wesson pistol magazine on the passenger side of the car. Metro unit officers soon learned that Gutierrez also had 2 high capacity magazines used in a Bushmaster AR-15 Rifle. The officers also located a 30 round magazine and a loaded Smith and Wesson 9mm semi-automatic handgun with a 16 round magazine. They discovered that seats in the rear of the car folded down easily from the interior of the back seat, so the makeshift gunbox in the trunk made them easily accessible from a sitting position inside the car.
Gutierrez said he had purchased the guns in Arizona but did not have any paperwork. He also claimed he had a Concealed Carry Weapons (CCW) permit but was unable to locate it. After a brief records check it was revealed that Gutierrez was on 2-year court probation for the possession of a concealed ‘dirk or dagger’ under PC 21310.
While being transported to the main jail, Gutierrez kept asking about his charges, and then his rifle gun box. When he was told the charges he said, “I don’t want to talk to you guys anymore until I talk to my lawyer”. The next court appearance has been scheduled for 8-25-2014 at 9:00 AM in Dept 30.
