Man fatally shot by police had been shot by officers months before

Augustine Gutierrez, 42, shot by police in September 2018

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SAN ANTONIO – A man fatally shot by police on Thursday had been shot by police in a similar sequence of events in September 2018, records show.

Authorities identified the man killed in Guadalupe County Thursday as Augustine Gutierrez. The 42-year-old, who police described as a career criminal, led authorities on a high-speed chase in a vehicle he was accused of carjacking.

Police said they were tracking Gutierrez because he was wanted for several robberies.

The chase ended when Gutierrez crashed the stolen car. Troopers with the Texas Department of Public Safety busted the window to the vehicle and used a Taser on Gutierrez. Gutierrez pulled out the prongs and police said a confrontation ensued. Police said Gutierrez reached for a weapon, prompting six-year police veteran Timur Tilvaldiev to shoot Gutierrez once in the chest.

READ MORE: Man killed in officer-involved shooting after car chase identified by SAPD 

KSAT archives show that in September 2018, police encountered Gutierrez while investigating a theft. Police said in that incident, Gutierrez ignored commands to move away from his 2012 Hyundai Elantra and instead got inside the vehicle and began revving the engine.

Police said that Gutierrez yelled, "Go ahead and kill me!"

The police report said an officer fired his Taser gun twice after Gutierrez refused to get out of his vehicle. Officers said when they tried to pull Gutierrez out of the vehicle, one officer saw Gutierrez reaching for the the back side of a handgun that he had in his waistband.

After pulling away from the officers, Gutierrez began revving his engine once more and put his vehicle into drive. Both officers drew their guns while continuing to tell Gutierrez to get out of his vehicle.

RELATED: Man shot by officers told them, ‘Go ahead and kill me,' police say

When Gutierrez tried to drive toward officers, the officer fired several shots, hitting Gutierrez multiple times.

"(Gutierrez) intentionally lurched the vehicle forward, placing (the officer) in fear for his life and safety of the others in the parking at the time of the incident," the police report said.

Gutierrez was taken to University Hospital, where he underwent surgery. He was subsequently booked on a charge of aggravated assault against a public servant.

Court records show that Gutierrez had been out on a personal recognizance bond on Jan. 25 and was awaiting indictment in connection with the aggravated assault charge when he was fatally shot by police.

Online court records show Gutierrez's criminal record dates back to 1994, when he was charged with unlawful carry of a weapon and later charged with aggravated robbery using a deadly weapon.

Through the years, Gutierrez picked up charges that included aggravated robbery, aggravated kidnapping, possession with intent to deliver a controlled substance and evading arrest.


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