Rochester, MN (KROC-AM News)- The two Rochester brothers arrested in connection to a fatal shooting at a busy shopping center over the weekend have now been formally charged by the Olmsted County Attorney’s Office. 

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On Monday Rochester Police identified the victim of the deadly shooting as 24-year-old Osbel Ornelas of Rochester. Law enforcement had previously identified the suspected assailants as 20-year-old Isaac Gutierrez and 26-year-old Jose Gutierrez Ojeda

TSM photo by Aaron Galloway. Stock image
TSM photo by Aaron Galloway. Stock image
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The criminal complaint, filed Tuesday in Olmsted County Court, says Ornelas was driving an SUV in the parking lot of the Crossroads Shopping Center at 1201 South Broadway Ave. to pick up a family member around 2 p.m. Saturday. 

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At the same time a pick-up, driven by Jose, was attempting to back into a parking spot, which obstructed the SUV’s path through the lot between Chick-fil-A and Savers. Ornelas and Jose began yelling at each other during the gridlock, the complaint says. 

A passenger in the SUV then got out and a physical fight between the three men ensued, the charges state. Witnesses at the scene told police that Jose threw the first punch. 

Jose Gutierrez Ojeda. Olmsted County ADC photo
Jose Gutierrez Ojeda. Olmsted County ADC photo
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At some point during the fight Jose brandished and racked the slide of a handgun but put it back into the pick-up and returned to the fight, the court document says.

Jose’s younger brother Isaac was then seen running out of the pick-up with a gun in his right hand and firing one shot from close range that struck Ornelas in the back of the head, the complaint says.

Isaac Gutierrez-Olmsted County ADC
Isaac Gutierrez-Olmsted County ADC
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Responding officers found Ornelas laying on the pavement. First responders rendered aid and transported the Rochester man to St. Mary’s Hospital where died shortly after arrival despite life-saving measures. 

The charges say police at the scene found a glock handgun and a bag containing additional bullets and ammunition magazines in the pick-up. There was also a spent shell casing found about 10 feet from the pick-up.  

Gutierrez complaint. Olmsted County Court
Gutierrez complaint. Olmsted County Court
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Isaac is charged with second-degree murder-with intent-not premeditated, second-degree murder-without intent-while committing a felony and second-degree assault with a dangerous weapon.  His conditional bail was set at $1 million. 

Jose is charged with second-degree assault with a dangerous weapon and felony terroristic threats.

The charges accuse him of referencing the gun and threatening to use it during the verbal altercation with Ornelas. His bail was set at $500,000 without conditions. 

Rochester Police Captain Casey Moilanen said Jose initially claimed to be the shooter, but said that was debunked upon review of video captured by bystanders and security cameras. 

Story updated to include bail amounts 

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Gallery Credit: Photos supplied by Rochester Police Departmentt

 

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