Francisco Javier Lino-Gutierrez had a history of minor criminal charges and two pending cases alleging more serious offenses when Santa Fe police killed him Wednesday morning on a downtown street.
New Mexico State Police confirmed Lino-Gutierrez, 29, of Lamy was the armed man fatally shot by officers on a sidewalk near Loretto Chapel.
It was the first of two fatal shootings by law enforcement officers in Santa Fe that day. State police said Santa Fe County deputies shot and killed a man on Siler Road late Wednesday night following a chase in a stolen truck.
That man’s name has not yet been released.
Court records show Lino-Gutierrez was charged in November with aggravated assault after a couple reported to police he had approached them with a knife at a gas station parking lot off Cerrillos Road.
In April, he was charged with receiving or transferring stolen vehicles and criminal damage to property after allegedly throwing a rock through the windshield of a silver truck in the parking lot of Buffalo Thunder Resort & Casino.
In 2018, he pleaded guilty to two counts of resisting an officer at Salvador Perez Park, where he was running around drunkenly on ballfields and disrupting games. As he was being treated at Christus St. Vincent Regional Medical Center, court records say, he kicked police and security officers.
Previously, Lino-Gutierrez faced numerous misdemeanors, all of which were dismissed due to lack of prosecution.
District Attorney Mary Carmack-Altwies said Lino-Gutierrez’s criminal history likely was a sign of addiction.
“These were the kinds of charges — battery on a health care worker or resisting arrest — that you would expect to see from somebody who is struggling with drug addiction,” she said.
If some of his more recent cases had gone further in the adjudication process, Carmack-Altwies said, the District Attorney’s Office would have sought alternative programs for Lino-Gutierrez to ensure he was enrolled in drug treatment and other services he needed.
“This is the exact kind of case where we would look for alternatives,” she said.
“It’s fairly common to see on people’s criminal histories that police get called, charges get filed and then we have no witnesses,” she said. “And so, we have no choice but to not go forward.”
Often, Lino-Gutierrez’s cases were dropped because the prosecuting officer failed to appear in court for a hearing.
Asked to comment on how Santa Fe police handled Lino-Gutierrez’s cases, Deputy Chief Paul Joye said the agency cannot comment on a slain suspect or his criminal history until state police have completed an investigation into the shooting.
City and state police said on Wednesday, Santa Fe officers followed Lino-Gutierrez to Old Santa Fe Trail, near the Inn and Spa at Loretto, from nearby De Vargas Park, where he was suspected of fleeing a shooting earlier that morning with a 9 mm handgun.
While Lino-Gutierrez may have fired the gun at the park, 20-year-old Kalin Addison is suspected of firing the shot that grazed the neck of another woman, wounding her, a criminal complaint said.
Addison told police she had taken the gun from the woman and meant to only strike the woman with it, but her finger slipped on the trigger. Surprised by the gunfire, she said, she handed the weapon to a man she referred to as her “brother,” who fired a shot and left the scene.
Addison, who is facing charges of first-degree attempted murder, aggravated battery and tampering with evidence, told officers she had been drinking and had consumed methamphetamine that morning, according to the complaint.
State police said Santa Fe police later found Lino-Gutierrez, who then led them on a foot chase downtown and refused to comply with their demands to drop the handgun and get down on the ground.
Instead, the agency said in a news release, he pointed the gun at the officers and was gunned down in response.