Berry Joe McGuire, a 26-year-old white male, was tragically killed on December 25, 1980, in Amarillo, Texas. McGuire, who was serving as a patrolman with the Amarillo Police Department, was conducting a routine traffic stop on the 900 block of South Willow Street when the incident occurred. He had arrested Victor Gutierrez, one of the suspects in the vehicle, on suspicion of drunken driving and placed him in the police cruiser. As McGuire attempted to secure the suspect, a struggle ensued.
During the altercation, Ernesto Gutierrez, who was also in the vehicle, managed to seize McGuire's gun and shot him twice. Subsequently, McGuire was held down by two of the men, and a third individual shot him in the head, resulting in his death.
The suspects involved in the murder were three brothers: Victor Gutierrez, Ernesto Gutierrez, and Guadalupe Gutierrez. Victor Gutierrez, aged 23 at the time, was the driver of the vehicle. Ernesto Gutierrez, aged 19, was the one who initially shot McGuire. Guadalupe Gutierrez, aged 17, was also involved in the struggle. All three brothers were apprehended shortly after the incident. Victor and Guadalupe were captured by Potter County sheriff's deputies near the Canadian River bridge north of Amarillo, while Ernesto was arrested the following day at his mother's home in Dumas. Investigators found McGuire's revolver beneath the floorboards of the Dumas residence where Ernesto was arrested.
The legal proceedings following McGuire's death were extensive. Victor, Ernesto, and Guadalupe Gutierrez were all convicted of capital murder and sentenced to life imprisonment. Urbano Flores, a Mexican national who was also in the vehicle, was initially charged with capital murder. However, the charges against him were dismissed after authorities determined that he had attempted to assist McGuire during the struggle.
The case has seen multiple parole reviews over the years. Victor Gutierrez, now 55, and Ernesto Gutierrez, now 49, have faced upcoming parole reviews by a panel from the state parole board. Guadalupe Gutierrez, now 51, was denied parole last year, with his next review scheduled for 2015. The parole review process involves a parole officer interviewing the inmate, gathering key information about the case, and preparing a summary for the parole board. A seven-member parole board then reviews each case, with five members required to vote in favor of parole for it to be approved.
Berry Joe McGuire's death remains a poignant reminder of the dangers faced by law enforcement officers. His service and sacrifice are remembered by the Amarillo community and his fellow officers. McGuire was a veteran of the Texas Air National Guard and was survived by his wife. His legacy continues to be honored through reflections and memorials dedicated to his memory.
