1980-12-25

Amarillo Police Department remembers officer killed in line of duty on Christmas Day 1980 | KVII

Excerpt

The Amarillo Police Department remembered an officer who was killed in the line of duty on Christmas Day in 1980.Berry Joe McGuire, 26, was shot and killed duri

Berry Joe McGuire (Courtesy: Amarillo Police Department)

AMARILLO, Texas (KVII) — The Amarillo Police Department remembered an officer who was killed in the line of duty on Christmas Day in 1980.

Berry Joe McGuire, 26, was shot and killed during a traffic stop in the 900 block of South Willow Street.

"Thank you for your service, Officer McGuire. We will not forget," said the department.

According to the Amarillo Globe-News, McGuire stopped a car on suspicion of drunk driving and arrested the driver, Victor Gutierrez.

When Victor attempted to get out of the patrol car, his brother, Ernesto, grabbed McGuire's gun and shot him three times.

Guadalupe and Victor Gutierrez, still wearing handcuffs, were arrested by Potter County deputies near the Canadian River bridge north of Amarillo.

Ernesto Gutierrez was arrested the next day at his mother's home in Dumas. Investigators found McGuire's revolver hidden under the floorboards.

The three brothers were convicted of capital murder and sentenced to life in prison.

Charges against a fourth suspect were dropped when it was determined he tried to help McGuire during the struggle.

ODMP

BERRY JOE MCGUIRE

Patrolman Berry McGuire was shot and killed following a traffic stop on the 900 block of South Willow Street.

After arresting one of the suspects in the vehicle the man attempted to flee. As Patrolman McGuire attempted to put the subject back in the patrol car the other occupants of the vehicle he stopped came to the subject's assistance. During the struggle one of the men took Patrolman McGuire's gun and shot him twice. He was then held on the ground by two of the men and a third shot him in the head, killing him.

The subjects then fled the scene but were all apprehended. Three of the men, who were brothers aged 17, 19, and 23, were sentenced to life. The 17-year-old was denied parole on May 5, 2021. His next parole hearing is in May of 2024. The 19-year-old was denied parole on March 30, 2021. His next parole hearing is in March of 2024. The third suspect was denied parole on June 8, 2021. his next parole hearing is in June of 2024. The fourth was not charged when it was determined he attempted to help Patrolman McGuire during the struggle.

Patrolman McGuire was a veteran of the Texas Air National Guard. He was survived by his wife.