Alleged Rochester shopping plaza shooter’s brother in court after asking judge to dismiss charges

ROCHESTER, Minn. (KTTC) – Jose Gutierrez Ojeda, the brother of Isaac Gutierrez, was back in court Thursday after asking a judge to dismiss the charges against him for lack of probable cause for Gutierrez Ojeda’s alleged role in a shooting in Rochester in February.

Gutierrez Ojeda, 27, filed the motion to dismiss charges of 2nd-degree assault with a dangerous weapon, making terroristic threats, and two counts of aiding an offender Wednesday.

In the motion, Gutierrez Ojeda’s lawyer, Eric Olson of Bloomington, argues law enforcement approached Gutierrez Ojeda “with their firearms drawn, ordered him to lay on the ground, and began interrogating him while handcuffing him.” The motion goes on to argue officers never read Gutierrez Ojeda his Miranda rights “or otherwise advise him that he had the right to remain silent, the right to an attorney, or the right to a court-appointed attorney, and they did not advise him that anything he said could be used against him in court.”

For the two counts of aiding an offender, Olson said the charges are based on statements Gutierrez Ojeda made during the interrogation while officers allegedly were handcuffing him.

The motion also asks the court to suppress statements Gutierrez Ojeda made to medical staff while in the hospital and to suppress all evidence found in his medical records.

Olson alleges Gutierrez Ojeda made comments to medical staff at the hospital and “law enforcement was present wearing cameras that recorded several statements from the defendant to his treating physicians.” Olson argues the statements said by Gutierrez Ojeda are “protected by the physician-patient privilege and are therefore inadmissible.”

Meanwhile, Olson said law enforcement got a search warrant to go through Gutierrez Ojeda’s medical records that Gutierrez Ojeda asserts privilege over. Olson argues “evidence derived from the privileged records is the fruit of the poisonous tree.”

Isaac Gutierrez, Gutierrez Ojeda’s brother, is accused of fatally shooting Osbel Ornelas, 24, of Rochester on February 3.

After Gutierrez shot the victim, the amended complaint says Gutierrez Ojeda and Gutierrez switched places in the truck they were driving. Gutierrez Ojeda was initially driving the Nissan truck, with Gutierrez as the passenger before an altercation broke out in the parking lot between Chick-fil-A and Savers. After the shooting, documents say Gutierrez Ojeda sat in the passenger seat while Gutierrez got behind the wheel.

The complaint goes on to say video footage shows Gutierrez Ojeda taking the gun used to kill the victim and putting it in his jacket pocket before returning to their truck.

When police eventually spoke with the brothers, Gutierrez Ojeda tried to tell officers he was the one that shot the victim and “did so in self defense.” Gutierrez Ojeda was “wearing a soft holster when arrested.”

Gutierrez Ojeda’s next court appearance is scheduled for August 21.

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