1977-07-17

Slaying victim Murder suspect

By EARL MOSELEY
Globe-News Staff Writer

SPEARMAN - The gunshot victim whose body was almost fed to a scrap crusher Sunday in the local landfill had been scheduled to face murder charges himself this week.

Jose Leon Gutierrez, who was shot to death here Saturday night, had been under charges of aggravated assault in the beating of Irvin Spence last Nov. 6 in Spearman

Spence, who was hospitalized for treatment at both Hansford Hospital and St. Anthony's Hospital in Amarillo, died this month.

Stephen F. Cross, district attorney for the 84th District, was in the process Monday of revising the charge against Gutierrez when he learned of his death.

Two brothers from Fort Worth, Frank Harris Powell, 41, and Patrick Otis Powell, 39, remained late yesterday in the Hansford County jail in lieu of $100,000 bonds each after being
arraigned on charges of murder in Gutierrez death. Justice of the Peace Johnnie Vernon set bond

A spoesman for the Hanford County sheriff's office said yesterday there is apparently no connection between the deaths of Gutierrez and Spence.

Gutierrez' body was found Sunday by Hansford County sheriff's officers. It had been stuffed into a junk car at the dumpgrounds. The car had been prepared for the crusher and would. have been buried afterward in a 20-foot hole, officers said.

An examination of the body revealed that Gutierrez had been shot three times with a .22-caliber rifle. One bullet had struck his heart, one had entered his mouth and pierced his brain, and another had entered a leg.

Another man reportedly had been held hostage at the dumpgrounds for a few hours Sunday during the preparation of the crushing operations. But the hostage escaped and notified the law enforcement officers.

The name of the hostage has not been revealed.

Sheriff R. L. McFarlin sealed off the area of the landfill where Gutierrez' body was found.

Gutierrez, a 55-year-old father of 13, had resided in Spearman about four years.

Funeral mass will be at 10 a.m. today in St. Ann's Catholic Church in Tucumcari, N.M., with the Rev. James Vance officiating. Burial will be in Tucumcari Memorial Park Cemetery by Dunn Funeral Home.

Arrangements in Spearman were by Boxwell Brothers Funeral Directors.

Gutierrez was born in Fort Sumner, N.M. He was a Catholic. Survivors include the widow, six daughters, seven sons, two sisters, six brothers, and 12 grandchildren.