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Robert Gutierrez

Age : 59

Gender : Male

Race : Latino/a/e

Date : 09/06/2021

Location : 37000 block of Camp Creek Road

City : Springfield

County : Lane

State : Oregon

Agency : Lane County Sheriff's Office (LCSO)

Officer(s) :Deputy Zachary LaFoca

Cause of Death : Gunshot

Event : Killed by police during domestic disturbance

OPEN RECORDS SUMMARY :

On 09/06/2021, Lane County Sheriff’s Office Deputy Zachary LaFoca shot and killed 59-year-old Robert Gutierrez outside a residence in the 37000 block of Camp Creek Road east of Springfield. The Lane County District Attorney subsequently released a detailed review identifying LaFoca as the shooter and finding his use of deadly force legally justified.
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Shortly before 10 p.m., a family member called 911 and reported that Gutierrez was intoxicated, armed with a .22-caliber handgun and becoming increasingly aggressive. The caller reported fearing for her life and the lives of other family members and said it was unsafe for those inside to leave. Gutierrez had allegedly struck a family member and fired the handgun into the ground two or three times.
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Before deputies arrived, a deputy spoke by telephone with a family member and developed probable cause to arrest Gutierrez for Menacing, Unlawful Use of a Weapon and Physical Harassment. The DA's later review also documented statements by Gutierrez alluding to “suicide by cop” and a threatening text message sent to a family member.
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Deputies arrived at approximately 10:20 p.m. and positioned themselves near armored police vehicles. According to the DA's reconstruction, Gutierrez appeared outside carrying the .22-caliber handgun. Police repeatedly ordered him to drop the weapon. Gutierrez instead yelled profanities and raised the handgun toward deputies positioned around the armored vehicles.
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Deputies initially did not fire. Gutierrez lowered the handgun, and police continued ordering him to put it down. According to the DA, Gutierrez then raised the handgun toward police a second time. LaFoca, positioned in an armored vehicle and armed with an AR-15 rifle, fired multiple rounds at Gutierrez.
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Gutierrez was struck several times and fell. Deputies approached and began medical treatment, but he died at the scene. Investigators recovered the .22-caliber handgun near him.
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The shooting occurred extremely quickly after deputies reached the property. Contemporary reporting described Gutierrez as being shot approximately one minute after deputies arrived. The DA's later chronology similarly establishes that the fatal confrontation occurred almost immediately after police made direct contact with him rather than after an extended standoff or prolonged negotiation.
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No body-camera footage exists because Lane County Sheriff's Office deputies were not equipped with body-worn cameras. Investigators also found no surveillance recording of the shooting at the property. The criminal review therefore relied on witness accounts, officer statements, physical and forensic evidence and other investigative material rather than video of the fatal encounter.
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The Lane County Interagency Deadly Force Investigation Team assumed the investigation. Under Oregon's Senate Bill 111 process, IDFIT operates independently of the agency whose officer used deadly force and is composed of investigators from multiple law-enforcement agencies. The completed investigation was submitted to Lane County District Attorney Patricia Perlow for review.
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On 09/23/2021, Perlow concluded that LaFoca's shooting of Gutierrez was legally justified. Her determination rested principally on Gutierrez allegedly pointing the handgun toward deputies twice, with LaFoca firing after the second instance. No criminal charges were filed against LaFoca.
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OFFICER BACKGROUND
Zachary LaFoca was the sole Lane County sheriff's deputy identified as firing lethal gunfire at Robert Gutierrez. LaFoca fired an AR-15 from a position associated with an armored police vehicle after Gutierrez allegedly raised his .22-caliber handgun toward deputies for the second time.
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The September 2021 shooting was investigated by the Lane County Interagency Deadly Force Investigation Team rather than solely by LaFoca's own department. The Lane County District Attorney independently reviewed the investigative file and concluded LaFoca acted lawfully in defense of himself and the other deputies.
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SOURCE LINKS :

https://nbc16.com/news/local/deputy-shoots-kills-man-while-responding-to-home-outside-springfield
https://nbc16.com/news/local/da-man-shot-killed-a-minute-after-deputies-arrived-on-scene-use-of-force-justified
https://www.klcc.org/crime-law-justice/2021-09-07/man-threatening-family-members-shot-and-killed-by-lane-co-sheriffs-deputies
https://www.klcc.org/crime-law-justice/2021-09-27/d-a-deems-fatal-sept-6th-shooting-justified
https://cdnsm5-hosted.civiclive.com/UserFiles/Servers/Server_3585797/File/District%20Attorney/Officer%20Involved%20Shooting%20September%206.pdf
https://www.lanecountyor.gov/government/county_departments/district_attorney_s_office/divisions/criminal_law/police_deadly_use_of_force_investigations