SANTA FE — A Santa Fe District Court judge denied a prosecution motion to keep a teen charged with murder in custody pending trial and instead placed him on house arrest.
Zachary Gutierrez, 18, was indicted last month for second-degree murder and tampering with evidence in the shooting death of 64-year-old Richard Milan of Kalamazoo, Mich., on Airport Road in September 2018.
Gutierrez was originally charged with the murder last year when he was 17. Those charges were dropped without prejudice, meaning they could be refiled, when the District Attorney’s Office couldn’t meet a court deadline for juvenile defendants.
After the September indictment, the DA’s Office filed a petition to keep Gutierrez in custody pending trial, but on Tuesday District Judge Marlowe Sommer denied that motion.