SAPD: Man who had gun in waistband before he was shot by police identified

Augustine Gutierrez, 41, shot in parking lot of 7-Eleven

By Katrina Webber - Crime Fighters Reporter, Mariah Medina - Digital Journalist, Adrian Garcia - Digital Journalist

SAN ANTONIO - A 41-year-old man who was shot and wounded by a San Antonio police officer Thursday was identified Monday morning. 

Police said Augustine Gutierrez, who had a gun in his waistband when he was shot by police, is charged with aggravated assault against a public servant and felon in possession of a firearm.

The shooting happened after two officers arrived at a 7-Eleven convenience store at the corner of Culebra Road and North Zarzamora after 1 a.m. Thursday to investigate a shoplifting case.

Assistant Police Chief James Flavin told reporters the officers found the suspect sitting in a car in the parking lot and told him to get out of his vehicle.

"The driver refused to cooperate and actually was very agitated and yelled, 'Go ahead and kill me!' numerous times," Flavin said.

When words didn't work, the officers tried using a Taser on Gutierrez twice but had no success, Flavin said.

One of the officers spotted something inside the car that made them both suddenly back away from it, Flavin said.

Flavin said the man had a gun in his waistband.

When the officers stepped away from the car, Gutierrez seized the opportunity to try to drive away, Flavin said.

The situation caused one officer to fear for his safety, so he fired his weapon, hitting the man at least once, police said.

Police did not say how many times Gutierrez was shot.

One woman, who also wanted to withhold her name, told KSAT 12 News she witnessed the entire encounter.

She said she saw a female officer pull out her weapon first, but said it was the male officer who shot the man.

"The male officer pulled him out and they had him on the floor. From what I saw, I just saw a lot of blood," she said.

Gutierrez was taken to a hospital where he underwent surgery.

Police said the officer, who has been with SAPD for about a year, will be placed on administrative duty, which is normal protocol following a shooting.

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