1980-12-25

Amarillo Officer Berry Joe McGuire killed during Christmas Day traffic stop in 1980

AMARILLO, Texas — Amarillo Police Patrolman Berry Joe McGuire, 26, was killed in the line of duty on Christmas Day 1980 after a routine traffic stop turned into a deadly struggle.

McGuire stopped a vehicle in the 900 block of South Willow Street on suspicion of driving while intoxicated and arrested the driver. As he attempted to place the suspect into his patrol car, several passengers rushed to intervene.

During the struggle, one of the men grabbed McGuire's service revolver and shot him twice. According to the Officer Down Memorial Page, two of the suspects then held the officer on the ground while a third man fired a fatal shot to his head.

The four men fled the scene but were quickly identified and pursued by law enforcement. Two brothers, Victor and Guadalupe Gutierrez, were arrested later that day by Potter County deputies near the Canadian River bridge north of Amarillo. A third brother, Ernesto Gutierrez, was captured the following day at his mother's home in Dumas, where investigators recovered McGuire's revolver hidden beneath the floorboards.

Three Gutierrez brothers, who were 17, 19 and 23 years old at the time, were convicted of capital murder and sentenced to life in prison. Charges against a fourth man were dropped after investigators determined he had attempted to help McGuire during the struggle rather than participate in the attack.

McGuire was a veteran of the Texas Air National Guard and had served with the Amarillo Police Department before his death. He was survived by his wife.

More than four decades later, the Amarillo Police Department continues to honor McGuire's sacrifice, remembering him each Christmas as an officer who gave his life in service to the community.

Source: Amarillo Globe-News

ODMP

BERRY JOE MCGUIRE

Patrolman Berry McGuire was shot and killed following a traffic stop on the 900 block of South Willow Street.

After arresting one of the suspects in the vehicle the man attempted to flee. As Patrolman McGuire attempted to put the subject back in the patrol car the other occupants of the vehicle he stopped came to the subject's assistance. During the struggle one of the men took Patrolman McGuire's gun and shot him twice. He was then held on the ground by two of the men and a third shot him in the head, killing him.

The subjects then fled the scene but were all apprehended. Three of the men, who were brothers aged 17, 19, and 23, were sentenced to life. The 17-year-old was denied parole on May 5, 2021. His next parole hearing is in May of 2024. The 19-year-old was denied parole on March 30, 2021. His next parole hearing is in March of 2024. The third suspect was denied parole on June 8, 2021. his next parole hearing is in June of 2024. The fourth was not charged when it was determined he attempted to help Patrolman McGuire during the struggle.

Patrolman McGuire was a veteran of the Texas Air National Guard. He was survived by his wife.