Rochester, MN (KROC-AM News) -  The older brother of the Rochester man charged with the fatal shooting last month at Crossroads Shopping Center is now accused of falsely claiming he was the shooter.

The Olmsted County Attorney's Office has amended the criminal complaint against 27-year-old Jose Gutierrez Ojeda to include felony counts of terroristic threats and two counts of aiding an offender in connection with the murder of 24-year-old Osbel Ornelas. The two new charges are in addition to the second-degree assault charge that was against Gutierrez Ojeda in the days after the fatal shooting on February 3rd.

His younger brother, Isaac Gutierrez, is charged with second-degree murder in the case.

Isaac Gutierrez-Olmsted County ADC
Isaac Gutierrez-Olmsted County ADC
loading...

The amended complaint includes some new details about the shooting and the investigation. According to the court document, after speaking with numerous witnesses and reviewing multiple video recordings, investigators have determined Ornelas had driven to the parking lot at the shopping center to pick up a family member from work.

Minnesota Now logo
Get our free mobile app
Google
Google
loading...

The charges state that he was driving through the parking lot between the Chik-Fil-A restaurant and the Savers store when his path was blocked by a pickup truck beginning to back into a parking spot. The witness statements and video evidence indicates the pickup began to move again and was followed by Ornelas until both vehicles stopped and the drivers got out and began yelling at each other.

Google
Google
loading...

It’s alleged that Gutierrez Ojeda displayed a handgun at the start of the confrontation “racked the slide” before placing the firearm inside the pickup after he and the victim exchanged words about him having a gun. The complaint says that was followed by a physical fight with witnesses saying it was Gutierrez who threw the first punch.

Kim David/TSM
Kim David/TSM
loading...

Witnesses also reported that another male joined the fight after exiting the victim’s vehicle. The court document says the video evidence shows 20-year-old Isaac Gutierrez getting out of his brother’s pickup and running toward the fight before he raised his right arm with a gun visible in his hand. He is then seen lowering his arm and firing the gun at very close range at Ornelas, who then dropped to the pavement.

Gutierrez Ojeda amended complaint - Olmsted County Court
Gutierrez Ojeda amended complaint - Olmsted County Court
loading...

The complaint says the video then shows the two brothers returning to the pickup, but this time Isaac Gutierrez got into the driver’s seat and Gutierrez sat in the passenger seat. The document also says investigators have obtained additional video evidence that shows the older brother taking the gun from Isaac Gutierrez and placing it in his jacket pocket.

Gutierrez Ojeda amended complaint - Olmsted County Court
Gutierrez Ojeda amended complaint - Olmsted County Court
loading...

When officers spoke with Gutierrez, the new charges say he allegedly stated that tried to mislead investigators by claiming he was the shooter and that his actions were in self-defense. The court document says a Glock handgun was found on the passenger side floor in the pickup. Police also found a black bag filled with ammunition and additional magazines for the firearm.

Gutierrez is scheduled to return to court next month.

More Minnesota News:

 

Minnesota Walmarts Use These Codes To Inform Team Members of Danger

Gallery Credit: Marco

More From Minnesota Now