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.

(14) comments

Daniel Valdez

NM/Santa Fe.....reap what you elect!!!

Khal Spencer

So what I gathered from reading this over breakfast, other than almost losing breakfast, is that this guy was in the system for a long time but the system kept kicking the can down the road as the deceased increasingly circled the bowl with his lifestyle.

At some point we have to do a cost/benefit analysis over whether it is cheaper to let these folks deteriorate, commit crimes, shoot others or get shot, and drive the quality of city life downward or whether it is better to hire more police and social services and better staff the D.A.'s office.

I think the handwriting is on the wall. Doing nothing will result in more of these stories. Murderquerque North, anyone?

Lee Vigil

De Vargas Park, the skate park, also formerly know as the Cheese Park to locals, has had problems for years with homeless. Ditto for the Railyard - bodies intermittently found in the river along E. DeVargas, rapes and violence in the Railyard. I get the DA's push for alternative sentencing, but some people are far too gone for treatment. Many are too deeply in the throes of addiction to be able to start over and respond to alternative treatment. This case illustrates that.

The DA's office has been understaffed or poorly managed for years. They are far too willing to plead crimes down or forgive crimes altogether because they don't have the resources to litigate or meet deadlines. One man literally got away with murder because of a poorly managed DA's office.

SFPD is also understaffed and it pains me to say, incompetent (walking away while a mob toppled the obelisk, the evidence room debacle). Nobody seems to monitor or bother with the homeless and there are drugs and violent crimes going on where they congregate. Wasn't somebody found dead at the skate park a few weeks ago and the death ruled suspicious?

If you go down to the plaza now, you'll find unregistered busking, unlicensed vending, protesting without a permit and no-one enforcing the laws/rules. The City in their divine wisdom, hired a private contractor to walk the plaza after the obelisk destruction. I gotta say, that's gotta be a nice job, because he walks the plaza all day, but has no authority to enforce any of the laws/rules. Aside from him there's one bike cop who rides between the plaza and the rail yard all day.

As a result, the plaza's a free for all, with the same element that led to the plaza's destruction showing up to protest without a permit and scream at tourists, with an occasional screaming match ensuing between her and annoyed locals. Meanwhile the vendors that follow the rules and have gone through the permitting process are undermined by all of the vending without a license and chaos. There's now shooting in the streets. It's quite a show we're putting on the for tourists.

christopher quintana

“ It's quite a show we're putting on the for tourists.” just look over at San Francisco, Hollywood, Venice Beach; tourists interviewed on KTLA were shocked and in the interviews, many said they would not revisit that area. Counterpoint to my comment would be tourists in Newport Beach that will go back. I’ve never have seen some many exotic cars (on PCH) out during the day running “errands.” Wealth equality? Newport B’s police budget?

Lynn k Allen

KOAT has a story in 2019 about it 8,000 cases in Albuquerque that HAD NOT BEEN PROSECUTED, some for YEARS, in 2019!!! Is this happening in Santa Fe too?

Are we asking the police to catch the bad guys BUT NOT PROSECUTING them. Is there a continuing " catch & release" cartoon going on in Santa Fe, ALBUQUERQUE, or in NM statewide??

The right to a speedy trial is also a safeguard of society from criminals not prosecuted.

Our state legislature could allow video taped police testimonials for preliminary arraignment & in person court appearances in only special circumstances.

FREE OUR POLICE from unnecessary court appearances & support them doing dangerous work.

Lets quit making Career criminals.

Lee Vigil

The police need to make appearances during court hearings. They are witnesses. There simply are not enough police for a population like Santa Fe.

Cheryl Odom

it's hard to recruit new officers when the pay is so poor, and when the current mood about police officers by the general public is so negative in general.

Lee Vigil

The pay could be better, but it's also important to get the right people in those jobs. There are too many folks who are attracted to the badge because of the authority that it offers them and they end up abusing it and others. Derek Chauvin is but one example. It's folks like him who keep the image of police negative to the general public. It's in the interest of the police to weed these bad apples out, not protect them. Sadly, another problem in New Mexico is that you have to be able to pass a drug test to qualify for the police force.

Mark Ortiz

"mood" is negative? I'm sorry but Cheryl this comes across as if misconduct and violence from police is "perception" and not based in fact. just saying.

Joseph Tafoya

Those in the legal system paved the way for the demise of this criminal. I am talking judges, lawyers, and law enforcers. Although they did not lead him down the path, they certainly did not stop him. He alone chose to walk the path. Unfortunately, there are many more following him. This puts the rest of us in peril of becoming victims of circumstance, but it's obvious the criminal's rights supersede ours.

Ian Fuego


Dan Frazier

Since the City seems not to be inclined to adequately staff the police ranks, nor to motivate its officers to attend important court proceedings, perhaps the City needs to help out the criminal element in a different way: I suggest that every new arrival in Santa Fe be provided with a care-basket that includes guns, knives, alcohol, meth and a few get-out-0f-jail-free cards.

Joseph Tafoya


Khal Spencer

Seems we are headed that way, Dan.

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