The Charge … Murder for Hire

By Gregg Wendorf
Advance News Journal

Have you heard about this case yet? An Edinburg resident is apparently upset with either his wife or significant other involving a child custody case. Presumably thinking it may go bad — the other party will get the kid(s) — he goes out into the public realm and hires a hit man, just in case he loses the custody battle.

The resident, no surprise, is claiming his innocence.

We don’t yet know how 33-year-old Jonathan Gutierrez got in touch with a hit man, much less two, and if both were FBI agents in disguise. Or was there an intermediary used by Gutierrez, who turned out to be a fed snitch, and that’s how the FBI got wind of his alleged intent to commit murder over a child-custody battle?

Only thing yet in the public realm is the probable cause affidavit, and that keeps a lot of details out of sight.

No matter, once the FBI places you under surveillance, your life is pretty much an open book. Gutierrez and his attorney must know that the FBI has recordings made of the two conversations he had with the phony hit men, laying out the planned hit. The amount of money paid as a down payment, $1,000, how can he explain that away from the probable cause affidavit?

In his pleadings to the court, asking for either a complete release from the jail cell he is currently occupying, or at least a bond reduction, Jonathan Gutierrez says, through his mouthpiece, Attorney Calixtro Villarreal, that his rights are being violated.

Gutierrez says he is being detained illegally because the state lacks probable cause to keep him locked up, with a bond worth $500,000 hanging over his head, which is beyond his financial means.

Produce the Body

Jonathan Gutierrez’s attorney, Calixtro Villarreal, based out of Starr County, has filed a Writ of Habeas Corpus (produce the body), which state District Court Judge Rose G. Reyna has already signed, asking that the sheriff (the state) bring him before the court to ascertain probable cause. The Writ also seeks release from jail and a bond reduction.

According to the probable cause affidavit, the FBI began investigating Gutierrez in mid-November, which included a $1,000 down payment for the planned murder, all recorded, all presumably videotaped as well.

The Writ describes his detention as “unlawful incarcerations, based on the absence of probable cause, and no reasonable suspicion.”

Okay, in this sting, the FBI used two men to facilitate the deal, acting as hit men, meeting (allegedly) with Gutierrez, in a public parking lot both times, where the audio and video quality were no doubt excellent.

Forming a working partnership of sorts with the Edinburg PD, both agencies were used to take Gutierrez into police custody.

How the FBI got tipped off, we may never know. Confidential informants are seldom outed, at least not intentionally.

On Nov. 20, 2023, Judge Reyna signed an order setting a hearing on application for Writ of Habeas Corpus, signed by Gutierrez’s attorney and the DA, “Terry” Palacios, for Dec. 8, ordering the sheriff to “produce the person of Jonathan Gutierrez” at the court at 8:30.

This one should prove interesting.

Sounds like a slam dunk against the guy, but if there’s anything to learn about the criminal justice system, it’s this: there are no guarantees.