The Phillips & Associates Oklahoma Law Blog


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By Dustin Phillips on
January 25, 2016
December 31, 2019

The driver who caused the collision that killed KFOR sports director Bob Barry, Jr., pleaded guilty last week to the charges against him. An Oklahoma County judge accepted the defendant's guilty plea and rendered his sentence on Thursday, January 21, seven months after the accident that claimed Barry's life.

On June 20, 2015, Gustavo Castillo Gutierrez, 27, made an illegal U-turn from the right lane on May Avenue near 142nd in Oklahoma City. Bob Barry, Jr., was riding his motor scooter and was unable to avoid Gutierrez's vehicle as it pulled in front of him. Barry died in the collision.

After the accident, Gutierrez was arrested on complaints including making an illegal U-turn, first degree manslaughter, causing a fatal accident while driving without a license, and possession of a controlled substance. He was ultimately charged with an accident resulting in death while driving a motor vehicle without a license and cocaine possession.

Last week, he pleaded guilty to both charges as part of a plea deal that Oklahoma County District Attorney David Prater said was approved by Barry's family. Oklahoma County District Judge Timothy Henderson accepted Gutierrez's plea and sentenced him to the maximum allowable for each count: 5 years for causing an accident resulting in death while driving without a license and 10 years in prison for possession of cocaine. The sentences are to run concurrently.

Gutierrez, who reportedly has been voluntarily returned at the border between the United States and Mexico on more than one occasion has remained in the Oklahoma County jail since his arrest in June. He was placed on an immigration hold by Immigration and Customs Enforcement (ICE). Even if he had been able to post the $18,500 bond, the immigration hold would have kept him behind bars. He could be deported to Mexico at some point in the future.

Image Credit: Oklahoma County Jail


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