A California parole board has granted release to a Kern County man convicted of murder who fled the country and remained a fugitive for five years after the killing, prosecutors said.

The California Board of Parole found Jesus Gutierrez suitable for parole after determining he no longer poses an unreasonable risk to public safety, according to the Kern County District Attorney’s Office.

Gutierrez was convicted in the May 24, 1998, shooting death of Derrick Luque.

According to prosecutors, Luque was walking home with his girlfriend and pushing their child in a stroller when he was shot. Earlier that day, Luque had argued with three juvenile males identified as members of the Rexland Acres Gang. Later that evening, Luque and his family took their child to Rexland Park.

As they walked home, the family heard one of the juveniles yelling. Prosecutors said Gutierrez then fired four rounds in their direction. Luque was struck in the face and died from his injuries.

After the shooting, Gutierrez fled to Mexico to avoid arrest, authorities said. He remained there for five years before moving to Minnesota. Law enforcement officers arrested him on Oct. 20, 2003, on an outstanding warrant.

Gutierrez pleaded guilty to second-degree murder on May 17, 2004, and was sentenced to 15 years to life in state prison.

Now 43, Gutierrez has served about 22 years in prison.

California Commissioners Focused on Rehabilitation

At the parole hearing, commissioners focused on Gutierrez’s disassociation from gangs, participation in rehabilitative programming, facilitation of rehabilitative program groups, maintenance of sobriety and plans for release, according to the district attorney’s office.

Kern County Deputy District Attorney Gina Nargie represented the office at the hearing and opposed Gutierrez’s release.

Gutierrez will remain in custody for approximately 120 to 180 days while the parole grant undergoes review.

Kern County District Attorney Cynthia Zimmer criticized the decision.

“The victim’s family endured years without the justice and closure they deserved, and this parole decision does not diminish the impact this crime has had on their lives,” Zimmer said in a statement. “Although the parole board reached a different conclusion, our commitment remains with prioritizing public safety.”

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