Oklahoma City, OK – The man blamed for causing the wreck that killed KFOR Sports Director Bob Barry, Jr. was charged Tuesday with operating a vehicle without a state driver’s license, a felony.
Gustavo Gutierrez, 26, of Bethany, was also charged with felony count of possession of cocaine.
The driving offense carries a punishment of up to five years and a $5,000.00 fine. The other offense of drug possession carries a possible punishment of up to ten years in prison and a $5,000.00 fine.
The charges could be amended at a later date.Furrowing his brow when the charge was read, 26-year-old Gustavo Gutierrez didn’t say a word aside from his name in his first appearance before a judge on Monday.
Gutierrez is accused of causing the deadly accident over the weekend on N. May Ave. near Quail Springs Mall.
“This guy is in a lot of trouble,” said David McKenzie, an attorney.
McKenzie says because police allegedly found a small amount of cocaine inside the suspect’s wallet,which is a felony offense, Gutierrez could ultimately be charged with murder.
“Committing a felony during an accident that causes a death can result in a charge of murder in the second-degree,” said McKenzie.
Bob Barry, Jr. had been driving his motorized scooter southbound in the left lane on May Ave.
The suspect’s car was in the right lane next to him.
Out of nowhere, police say Gutierrez made an illegal U-turn, trying to turn back to the north.
That illegal turn caused Bobby to crash into the driver’s side of the car.
“Bob Barry, Jr. didn’t have much time at all. I mean, he’s just coasting down the road when somebody just whips around in front of him,” said Capt. Paco Balderrama, with the Oklahoma City Police Department.
Bobby was transported to the hospital where he was pronounced dead.
“It’s a very sad situation,” said McKenzie.
In addition to manslaughter, Gutierrez is being held on possible charges of causing an accident without a valid license, making an illegal U-turn and drug possession.
Judge Russell Hall set the suspect’s bond at $18,500 but Gutierrez has an immigration hold,meaning he had been in the country illegally and wouldn’t be set free even if he was able to post bond.