Trial in shooting death to begin Monday

CLOVIS — A trial for the 2002 shooting death of Jose Valverde is set to begin on Monday, despite defense objections over dangers to the defendant’s health.

Judge Drew Tatum denied on Wednesday a request to put David S. Gutierrez, 35, on an ankle bracelet so he could leave the Curry County Adult Detention Center and have a splenectomy to treat a blood disorder.

James Klipstine, Gutierrez’ attorney, said medical professionals are against returning Gutierrez to a correctional facility after the operation due to a risk of infection. Had Tatum granted the release, Klipstine would have subsequently requested a continuance for the recommended four-to-six weeks of recovery.

Klipstine was concerned that without the procedure, Gutierrez could be at risk in court.

“This is potentially a life-or-death situation,” Klipstine said. “Stress is something that can aggravate this condition; being on trial for murder is a pretty stressful situation.

“We have been struggling with this for eight months, and gotten no treatment whatsoever. I don’t want to be responsible for his death if his platelet level drops.”

District Attorney Andrea Reeb said Gutierrez was being monitored at the jail with three daily checks and a weekly check of his platelet count.

“There’s no medical issue from what I can tell,” Reeb said, and added she believes Gutierrez is exploiting his condition to delay a trial.

She said the trial would take place before he can have the surgery in March. If Gutierrez is convicted, the parties could agree to a quick sentencing hearing and handle the matter through the state Department of Corrections. If he’s acquitted, he can make his own medical arrangements.

Reeb said the state was fulfilling monitoring requirements, while Klipstine argued the state has pushed off treatment his client needs and had a “markedly different” position in December, when it agreed medical attention was critical.

“Now,” Klipstine said, “they say, ‘We’re ready to go to trial. If it puts him in a dangerous position, so what?’ ” I’m not prepared to put my client’s life at risk by proceeding in this fashion.”

Tatum reviewed the Dec. 28 order on Gutierrez, which required:

• Immediate evaluation by jail staff upon Gutierrez’ return to the facility

• Sending Gutierrez to the emergency room if there were any symptoms of bleeding

• Three evaluations per day by staff;

• Taking Gutierrez to a scheduled doctor’s appointment in Albuquerque;

• Giving Gutierrez whatever medical attention is needed when concerns arise.

“I haven’t heard anything,” Tatum said, “that states (the order) hasn’t been followed.”

Gutierrez is accused of shooting Valverde in his boxcar home, with court documents noting the killing was revenge for Valverde allegedly molesting a relative of Gutierrez’ wife.

Klipstine has arguments pending on suppressing evidence and a witness. Tatum said it would be tough to handle those during the week, and offered to have those matters heard Monday before trial with jurors reporting at 10 a.m. instead of 9 a.m. Both parties agreed to the arrangement.