Jury trial begins for Rochester man accused of shooting, killing man in Chick-fil-A parking lot

Jul. 30—ROCHESTER — The jury trial for the Rochester man accused of shooting a man in an alleged road rage incident in a Chick-fil-A parking lot began on Tuesday as Olmsted County District Court prosecutors called several of the victim's family members to testify.

Isaac Gutierrez, 20, is charged with one count of second-degree murder with intent, not premeditated; a count of second-degree murder, without intent and one count of second-degree felony assault with a dangerous weapon.

He is accused of shooting and killing 24-year-old Osbel Ornelas on Feb. 3, 2024, in the parking lot of Chick-fil-A on South Broadway Avenue in Rochester.

On Tuesday, July 30, over a dozen of Ornelas' relatives filled the courtroom for an emotional first day of Gutierrez's trial.

In the prosecution's opening statement, attorney Andrew LeTourneau said Gutierrez "was not justified in using deadly force." LeTourneau told the jurors they will present photos and footage of the incident caught on security and iPhone cameras.

"This shooting happened at a busy time in a busy area," he said.

Eric Newmark, the defense attorney representing Gutierrez, told jurors it was an accidental shooting where Gutierrez was defending his brother.

"It was a two-for-one fight," Newmark said. "It was not a fair fight."

According to the criminal complaint describing video of the incident and witness accounts, Gutierrez was the passenger in a car driven by his brother, Jose Gutierrez Ojeda, 26.

Belinda Ornelas, a witness called in by prosecutors and Ornelas' mother, told the court she was sitting in the back of the car when a fight broke out between Osbel and Gutierrez Ojeda.

According to Belinda, Osbel beeped at the other vehicle as Gutierrez Ojeda tried to back into a parking space in the parking lot between Saver's and Chick-fil-A.

Initially, Belinda Ornelas said, Osbel and Gutierrez Ojeda were the only two out of their cars. The fight then shifted to the Chick-fil-A parking lot. Belinda said she watched Gutierrez Ojeda take a gun out of his pants and load it.

"I told him, 'Please, you don't need to do this,'" Belinda said.

Gutierrez Ojeda put the gun back in the vehicle, but said he "still wanted a piece of him," Belinda said.

According to the criminal complaint, Isaac Gutierrez got out of the car with a firearm and fired one shot at Osbel Ornelas, who fell to the ground. The two brothers stayed at the parking lot to wait for the police. Osbel Ornelas was taken to Mayo Clinic Hospital-Saint Marys, where he died.

Police say Gutierrez Ojeda initially told officers he was the one who fired and that he was "jumped" and had shot Ornelas in self-defense.

When prosecutors asked what she saw with her own eyes, Belinda Ornelas said she got out of the vehicle once she saw Isaac Gutierrez get out of his car.

"He shot my son in the head when he turned around," Belinda said.

Newmark asked Belinda Ornelas if she only heard the gun being fired or if she saw it. Belinda said she did see and hear the gunshot.

"I ran to him," she said. "I laid on him."

Prosecutors also called up Osbel Ornelas Sr., Osbel's father, and Eliana Ornelas, Osbel's sister, who told the court her brother was coming to pick her up from work at Saver's on Feb. 3. When Newmark questioned her, Eliana Ornelas told the court she only heard the gunshot.

Eliana Ornales said she proceeded to film the fight in case Gutierrez and his brother "ran away."

The state also called in a witness who watched the fight happen from a separate car. Michelle Arlen, a teacher in Wisconsin, said she and her husband were bringing her son to a volleyball tournament in Rochester when they stopped at the Chick-fil-A. Arlen said the fight occurred in front of her car, which was being driven by her husband. Though she said she didn't see anyone with a weapon at the time of the fight, Arlen said she watched as Osbel dropped to the ground.

"If it was my child, I knew I would want someone to be there," Arlen said.

Gutierrez's trial will continue on July 31. His brother, Gutierrez Ojeda, will make an appearance for an omnibus hearing on Aug. 22 in a separate trial. He faces three felony charges ranging from assault with a dangerous weapon, terroristic threats and aiding an offender.