Court documents detail Saturday road rage shooting; murder and assault charges

By KAALTV

Isaac Gutierrez (left) and Jose Gutierrez-Ojeda (right) / Olmsted County ADC

(ABC 6 News) – UPDATE: On Feb. 28, the Olmsted County Attorney’s Office charged Jose Gutierrez-Ojeda with aiding an offender–accomplice after the fact and aiding an offender–taking responsibility for criminal acts.

Gutierrez-Ojeda was originally charged with 2nd-degree assault with a dangerous weapon and terroristic threats. Police alleged that Guttierez-Ojeda told police he had shot Osbel Ornelas Tuesday, Feb. 6, despite video of the incident allegedly showing his brother, Isaac Gutierrez, shooting the man.

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(ABC 6 News) – One man faces two murder charges, and another faces assault and terroristic threats charges following the Saturday shooting at Chick-Fil-A.

According to court documents filed Tuesday, Feb. 6, Isaac Gutierrez has been charged with 2nd-degree murder–with intent, not premeditated; 2nd-degree murder–without intent, while committing a felony; and 2nd-degree assault with a dangerous weapon.

Jose Gutierrez-Ojeda was charged with 2nd-degree assault with a dangerous weapon and terroristic threats.

Gutierrez is held on $2,000,000 bail with no conditions, or $1,000,000 bail with conditions.

Gutierrez-Ojeda is held on $500,000 bail with or without conditions.

According to both men’s charging documents, police and first responders arrived to find Osbel Ornelas on the ground in between Chick-Fil-A and Savers, where first responders attempted life-saving measures, then took Ornelas to St. Marys.

He died there of an apparent gunshot wound to the head.

Witnesses and video of the event indicated that before the shooting, Ornelas and the Gutierrez’s vehicles were traveling through the parking lot near Chick-Fil-A, when the Gutierrez vehicle allegedly started backing into a parking spot, “obstructing” Ornelas’ vehicle.

Both vehicles stopped in the parking lot Ornelas and Jose Gutierrez-Ojeda allegedly got out of their vehicles and began yelling at each other, until a second male emerged from Ornelas’ car and a fistfight began, according to court documents.

Witnesses allegedly said Gutierrez-Ojeda threw the first punch.

They also described Gutierrez-Ojeda showing Ornelas that he had a gun and ‘racking’ the slide before placing it back in the car.

During the fight, court documents claim a man sitting in the Gutierrez vehicle’s front seat ran into the group, had a gun in his right hand, and shot Ornelas.

“None of the involved parties attempted to run or flee before the shot was fired at (Ornelas),” court documents allege.

Officers located a single 9mm bullet casing about 10 feet away from where Ornelas fell.

Police claim there was a black Glock handgun recovered from the Gutierrez’s vehicle, as well as a black bag filled with ammunition and additional magazines.

A search warrant publicly filed Monday, Feb. 5 indicated that there were two women and one teenager in Ornelas’ vehicle, who were not part of the physical fight and did not leave the car.

Cell phone video by a witness in the area allegedly showed Gutierrez as the shooter, according to the search warrant.

Neither man gave a statement to law enforcement.

Gutierrez-Ojeda was taken to St. Marys to be medically cleared, according to the search warrant.

Another search warrant filed Wednesday, Feb. 7, indicated that Gutierrez-Ojeda had to be returned to St. Marys with post-concussion symptoms Sunday, Feb. 4, and was on a diet for jaw pain following the incident.

Both men made their first Olmsted County appearances at 10:30 Tuesday, Feb. 6.

A GoFundMe has been set up by the family of Osbel Ornelas as they mourn the loss of a loved one.

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(ABC 6 News) – Rochester police released new details about the Saturday shooting at Chick-Fil-A Monday morning.

According to Capt. Casey Moilanen with RPD, 24-year-old Osbel Ornelas was shot and killed around 2:15 p.m. Feb. 3.

Moilanen said the incident began as a road rage incident near the Rochester restaurant, which escalated to 2nd-degree murder.

According to Moilanen, after speaking with witnesses and viewing cell phone and surveillance video, police claim that Ornelas and 26-year-old Jose Gutierrez-Ojeda were both driving vehicles in the shopping area, and a conflict began between the two.

The two got into a physical fight, Moilanen said, during which Gutierrez-Ojeda allegedly brandished and “racked” a hand gun, then placed the gun back into his car and went back to the fight, according to witnesses.

People on scene claimed that an unnamed passenger from Ornelas’ vehicle got out of the car to help Ornelas in the fight, and then 20-year-old Isaac Gutierrez emerged from the second car with the handgun and shot Ornelas in the head, Moilanen said.

According to RPD, Jose Gutierrez-Ojeda and Isaac Gutierrez waited for law enforcement to arrive, and Gutierrez-Ojeda told police he had been “jumped” by the other two and had shot Ornelas in self-defense.

It was only after police interviewed witnesses and viewed video of the scene that they allegedly learned Isaac Gutierrez had fired the gun, Moilanen said.

Isaac Gutierrez faces a recommended charge of 2nd-degree murder, Moilanen said, while Jose Gutierrez-Ojeda faces a recommended charge of 2nd-degree assault with a dangerous weapon.

Tiffany Hawkins with the Olmsted County Attorney’s Office said the two were scheduled for arraignment Tuesday, Feb. 6.