Defense Signals Challenge to Evidence in Rochester Murder Case

Rochester, MN (KROC-AM News) - The Rochester man accused of a fatal shooting in a shopping center parking lot last month is apparently preparing to challenge some of the evidence in the case.

20-year-old Isaac Gutierrez appeared remotely for a hearing in Olmsted County Court this morning in connection with the shooting death of 24-year-old Osbel Ornelas. He is charged with two counts of second-degree murder and one count of second-degree assault in the case.

According to the criminal complaint, Gutierrez allegedly shot Ornelas in the back of the head while the victim and Gutierrez's older brother were fighting in the parking lot at Crossroads Shopping Center in the middle of the afternoon on February 3. Rochester Police described it as a "road rage" incident. The brother, 26-year-old José Gutierrez Ojeda, is charged with second-degree assault.

The court document says witnesses reported the fight broke out after the victim became upset when Gutierrez Ojeda decided to back into a parking space, which blocked the path Ornelas was taking in his vehicle. Both brothers were still at the scene when police arrived and claimed they were acting in self-defense.

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In court today, the attorney representing the younger Gutierrez brother formally requested a contested omnibus hearing. It has been scheduled for early April. A contested omnibus hearing is most commonly used in cases where the defense is asking the court to suppress some of the evidence gathered by investigators.

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