|For Immediate Release
September 15, 2011
|Susan Kang Schroeder
Chief of Staff
MAN TO BE ARRAIGNED FOR THE SHOOTING-MURDER OF GIRLFRIEND IN FRONT OF THEIR THREE YOUNG CHILDREN
SANTA ANA – A man will be arraigned tomorrow for the shooting-murder of his girlfriend in front of their three children. Samuel Oscar Montes, 20, Anaheim, is charged with three felony counts of child abuse and endangerment, one felony count of murder, and one felony count of possession of a controlled substance with sentencing enhancement allegation for the personal discharge of a firearm causing death. If convicted on all counts, he faces a maximum sentence of 50 years to life in state prison. The defendant is being held on $1 million bail and is scheduled for a continued arraignment tomorrow, Sept. 16, 2011, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.
At approximately 2:30 p.m., on Aug. 27, 2011, Montes is accused of arriving home and engaging in an argument with his 20-year-old girlfriend Nicole Gutierrez, the mother of his three children. The defendant is accused of escalating the argument into a fight about a gun in the house in front of their three children, 3-year-old John Doe #1, 1-year-old Jane Doe, and 1-month-old John Doe #2. While fighting, Montes is accused of taking hold of the gun when it went off, shooting Gutierrez once in the head. The defendant is accused of fleeing the scene.
A neighbor, who heard the gunshot, called 911. Anaheim Police Department (APD) arrived at the scene and found Gutierrez dead from the gunshot wound she sustained.
APD investigated the case and arrested Montes, who at the time of the arrest was in possession of methamphetamines.
Senior Deputy District Attorney Howard Gundy of the Homicide Unit is prosecuting this case.