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Attention turns to woman's role

Published: Jul 11, 2001

Paula Andrea Gutierrez didn't fire the shots that killed Tampa police Officer Lois Marrero.

It's unclear, in fact, whether she fired any shots in the bank holdup, police chase and standoff surrounding Marrero's slaying.

But already, discussion of Gutierrez's future is focusing on the question of punishment: death sentence or life in prison?

``There's no question she can be convicted,'' said Joe Episcopo, a criminal defense lawyer and former state prosecutor. ``As a defense attorney, I'd be trying to work a deal for life'' in prison.

Episcopo isn't sure prosecutors would accept a plea deal. ``The problem is, [Marrero's] survivors are not going to want to do that.''

Gutierrez, 24, is being held without bail at the Orient Road jail on charges of first-degree murder and armed robbery.

Her boyfriend, Nester DeJesus, shot Marrero and then killed himself during a standoff with police Friday. But prosecutors say Gutierrez is equally culpable in the officer's death.

``She was at the scene, she picked up [Marrero's] gun'' after the shooting, said State Attorney Mark Ober. ``She was involved in the robbery at the bank.''

Ober bristled at suggestions the Gutierrez case mirrors that of Bernice Bowen, whose boyfriend, Hank Earl Carr, killed her son, two Tampa police detectives and a Florida Highway Patrol trooper in 1998.

Bowen was sentenced to 21 1/2 years in prison for being an accessory after the fact in the slayings. Police said she withheld information that might have prevented much of the bloodshed.

But some said Bowen was unfairly prosecuted out of community outrage at Carr, who, like DeJesus, killed himself rather than surrender. An appeals court recently acquitted her of some charges and ordered a new trial on the rest.

Gutierrez wasn't a bit player in Friday's events, Ober reiterated.

Prosecutors are reviewing police reports and could take their case against Gutierrez to a grand jury this month. If the panel returns a first-degree murder indictment, Ober must decide whether to seek the death penalty.

``One of the aggravating circumstances is that a police officer who was on duty was killed,'' he said. ``That's significant.''

Episcopo believes Ober will seek the death penalty ``because of the nature of the crime.''

Gutierrez, who is unemployed, could be represented by the public defender's office. A staff member from the office has visited Gutierrez in jail, but the office declined to comment.

Defense lawyers could seek to move her trial elsewhere. They might argue that publicity has hindered their client's ability to get a fair hearing here. But venue changes are rare.

Tampa defense lawyer Daniel Castillo said whoever takes the case likely would ``incur the wrath of this community.''

Castillo, a former Tampa police officer, attended Marrero's funeral Tuesday. When he joined the force in 1985, Marrero was his field training officer.

He said Gutierrez faces ``a long uphill battle.''

``The facts are pretty compelling. ... There were witnesses; she was there; she was active.''

But Castillo does see a possible defense, one focusing on Gutierrez's background.

``I would think that the defense would be that she was placed under duress or coercion by her boyfriend,'' he said.

``You have to remember, this girl is from Colombia. Many times in those countries women do what their husbands and boyfriends tell them to do.

``I'm not trying to be a chauvinist: This is just a fact,'' Castillo said. ``That could be a defense.''

Gutierrez also is charged with kidnapping and armed robbery in the holdup of a south Tampa flower shop with DeJesus, officials say.

Episcopo said prosecutors might try that case first. Juries and judges can consider a prior conviction for a violent felony, such as armed robbery, as an aggravating factor in deciding which punishment to impose.

``It's a real interesting question as to whether the jury would condemn her'' to death, he said. ``There's always something of a reluctance to execute women.''

Gary Sprott and Lyda Longa can be reached at (813) 259-7600.

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