Sheriff further explains response, negotiations that took place

(Guadalupe County) – A Seguin man accused in a road rage shooting and hours-long standoff Monday night is now in custody, and authorities say all three of his children have been found safe.

The Guadalupe County Sheriff’s Office says Justin Gutierrez was arrested at 7:12 a.m. Tuesday after deputies, along with officers from the Seguin Police Department, located him in the 700 block of Stratton Oaks here in Seguin. Investigators say multiple community tips led officers to Gutierrez’s location. He was taken into custody without incident, and officials say no one was injured during the arrest.

Gutierrez was booked on warrants for aggravated assault with a deadly weapon causing bodily injury and unlawful possession of a firearm by a felon. Investigators say additional charges could be filed as the case remains under investigation.

Meanwhile, Guadalupe County Sheriff Joshua Ray is offering additional details about the incident – specifically addressing public concerns about law enforcement’s response, particularly the hours-long negotiations spent that evening at a Pine Street home.

Ray says the incident first began on Interstate 10 but ultimately ended up at the location off of Old Seguin Luling Road. He says that’s when Gutierrez, reportedly opened fire on another vehicle –striking the man that allegedly was chasing him and his wife.

“The gentleman, Gutierrez, that we were pursuing most of the evening, he opened fire on the vehicle that the victim was in and shot five times and one of those hit the victim in the head. Luckily, fortunately, it ended up not being life-threatening. So, he was treated for it and is expected to make a full recovery,” said Ray.

At this point, Ray says investigators are still working to determine what led up to the shooting.

“We don’t know completely all the circumstances surrounding the incident or why the decisions were made regarding the shooting or whatnot. We’re still putting all that together,” said Ray.

According to the sheriff, Gutierrez fled the scene resulting in a standoff situation in a local neighborhood.

“Mr. Gutierrez went into the residence there on Old Seguin Luling Road, left his wife there and then took the three children with them and then left — and went to the residence on Pine Street, which ultimately, the rest of the evening activities ensued from there,” said Ray.

The response on Pine Street drew criticism and confusion after it was later revealed the suspect was no longer inside the home during much of the law enforcement operation. However, Ray says deputies had every reason to believe Gutierrez was inside.

“This happens when there’s a void of the information that’s out there. Misinformation usually gets applied. And the people that are drawing those conclusions just don’t have accurate information. And we were operating off of the information that we had,” said Ray.

He says deputies had received confirmation from the homeowner, as well as statements from witnesses and family members, placing the suspect inside the residence. Negotiators also communicated directly with Gutierrez by phone.

“We were in active negotiations with Mr. Gutierrez from about roughly about 5.30 p.m. until 8.30 p.m. That was through a cellular phone device… and in that cell phone, he alluded that he was in the house. Multiple times he stated, come on in, you’re going to have to kill me in front of my children,” said Ray.

Ray believes Gutierrez likely escaped before officers had fully secured the perimeter.

“I don’t know at what point he got out. He likely got out of the house while law enforcement was still setting up the perimeter… and that’s usually when the suspect gets away,” said Ray. “But we operating off the information that we had, we had every reason to believe that he was in that home.”

Another major factor in the decision-making process was the safety of the suspect’s three children, who were believed to be inside and in danger.

“We had information that he loved his children and that he wouldn’t hurt them. So, they were technically hostages because they were not allowed to leave,” said Ray.

Because of that, law enforcement prioritized negotiation over immediate tactical action.

“Our training and experience, everything tells us that as long as negotiations are active, you continue with the negotiations. We did not want to make a tactical dynamic entry into that house,” said Ray.

After several hours without contact and growing concern for the children’s safety, he says authorities made the decision to enter the home.

“We finally got to that point at roughly 11 o’clock at night because we had no more options on the table… we were concerned that we had not heard the children in any form or fashion for hours,” said Ray.

Ray described the decision as one of the most difficult of his career.

“That was one of the hardest decisions I think I’ve had to make since I’ve been the elected sheriff… my biggest fear was that we were going to do something that was going to harm those children,” said Ray.

Ultimately, the children ages 13, 12 and 1 year old, were not inside the home but were later found safe. That’s when he says Gutierrez was taken into custody the following day.

Ray says the length of the standoff was not unusual given the circumstances and the priority of avoiding violence.

“If you can talk your way out of it, that’s the way to do it. And that will always be my inclination… you’re striving for that non-confrontational, non-tactical outcome,” said Ray. “So it, I mean, it’s not unusual for it to play out the many hours that it did.”

The standoff on Pine Street also proved a long night for those living on the street. Some were not allowed to go home. Others had no option but to stay indoors and away from any potential danger.

Officials say the investigation into the road rage shooting remains ongoing.