Charges dropped against immigrant who was shot while escaping from Border Patrol

Charges dropped against immigrant who was shot while escaping from Border Patrol

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It's an ongoing story with unexpected twists and turns.


An undocumented immigrant charged with criminal trespassing after he was shot while hiding in the backyard of a Mission home back in March.


Daniel Leon Gutierrez was shot in the back by a 72-year-old Mission resident after he and a group of undocumented immigrants were hiding on his property.


The group was trying to hide and run away from Border Patrol on March 5.


"When you're crossing, you have so much fear, you're trembling," said Gutierrez, 25, reliving the day he crossed into the United States from Reynosa. "I felt a shot. I kept running but I felt my stomach was everywhere."

The Mexican national spent three days in coma and was recently medically cleared and released by Customs and Border Protection.


But it wasn't over just yet.


Mission Police charged Gutierrez with criminal trespassing, a class B misdemeanor.


Then Tuesday morning, Gutierrez turned himself into Mission Police.


But in an unexpected twist of events, Mission Police dropped the bench warrant against Gutierrez and he was free to go.


"To say the least it denies any notion of our constitutional rights, it's completely at odds" said Alex Martinez, an immigration attorney representing Daniel Gutierrez.


Martinez argues it's unconstitutional that his client was charged and the landowner was not.


"What kind of message are you sending to border land owners?" said Martinez. "Are you telling them you can shoot people in the back now?"


But Martinez says overall he's content that his client is free - for now.


Gutierrez agrees.


"I feel good. I'm very happy because God gave me another chance to keep fighting," said Gutierrez.


Mission Police did not wish to comment on the case, saying the case has been passed to the Hidalgo County District Attorney's Office.


We spoke to DA Ricardo Rodriguez who says his office will be looking at the case this week.


As the case remains open, both Gutierrez and the land owner may still face charges in the future.

https://valleycentral.com/news/local...-border-patrol

Release him back home and make him pay the hospital bill.

Homeowner and Immigrant Shot for Trespassing Share Perspectives

The immigrant shot by a homeowner in March and the homeowner both spoke to CHANNEL FIVE NEWS about what happened that day.

Two stories, two perspectives; Daniel Leon-Gutierrez spoke to the media this morning.


Leon was in the country illegally along with a group of immigrants who were running from Border Patrol March 5.


It's an area prone to human smuggling just south of Mission.


Leon says two groups went through the same property; one of the groups broke into a house.


Leon said he stayed behind and that's when he interacted with the homeowner.

Leon says, "The group left and I saw the man, he said to leave. I said, ‘yes, I'm leaving.’ I see he takes out a pistol, a revolver. He says ‘leave.’ ‘Yes,’ I said. ‘I'm an immigrant,’ I said. ‘I'm not going to do anything to anyone,’ I said. ‘Yes, go,’ he says. So, I turned around looking to make sure he didn't shoot. I took off running when he shot at my back."

He showed us the wounds that resulted from the incident.


He lifted his shirt and pointed at his back beneath his right arm and said, "This is the entry."


Then he showed us another wound on his lower stomach and said, "And this is the exit."

The homeowner's narrative is different. He spoke off-camera but on the record.

He told us he was taking a nap when he woke up to a loud noise; the door was broken in.

A group of immigrants were inside his home.


The homeowner began yelling at them while his dogs got in between them.


That's when the homeowner says he went back to his bedroom for his .38 Smith and Wesson Snub Nose Revolver.


The immigrant group backed out of the house and the man held his gun by the door jam.


He tells us three immigrants, including Leon, were in front of him; he was telling them to leave, but the group wasn't moving.

He told us he had his weapon pointed at two of the men on one side.


Leon was about eight-feet away on his other side.


The homeowner said the men made eye contact and Leon moved closer; that's when the homeowner opened fire.


He said Leon was facing him when he shot him.

The man told us he's lived alone in this neighborhood for 45 years.


He's seen other human smuggling incidents, but this is the first time someone broke into his house and the first time he shot at someone.

Mission police say although there is a warrant for Leon's arrest for criminal trespass, this case is effectively on hold.


The police department is sending their investigation to the Hidalgo District Attorney's Office.


They're waiting for guidance on how to proceed; the case is expected to get to the district attorney by the end of the week.

https://www.krgv.com/news/homeowner-...-perspectives/