Friday, Sept. 19, 2008 | 8:02 a.m.
A man accused of killing 22-year-old Henderson resident Josh Embler during a 2007 house party was sentenced Wednesday to a minimum of eight years in prison after pleading guilty to voluntary manslaughter.
Daniel Joseph Gutierrez, 22, received a four- to 10-year sentence on the manslaughter charge and the same prison term on the deadly weapon enhancement, for a maximum 20 years of jail time. District Judge Stewart Bell also gave Gutierrez a concurrent sentence of two to five years for carrying a concealed weapon and ordered him to pay more than $11,000 in restitution.
Following the hearing, Embler’s family and friends gathered outside, exchanging hugs and dabbing their eyes. They expressed disappointment in a sentence they characterized as lenient, but declined to give their names for publication.
Deputy Public Defender Dan Silverstein expressed satisfaction with the sentence.
“It’s what we negotiated for,” he said. “(Gutierrez) feels bad about it. He took responsibility for it.”
During a 2007 preliminary hearing, witnesses alleged Gutierrez fired three shots at Embler as he fled out of the door of the home near Pecos Road and Wigwam Parkway, including one bullet in Embler’s back. Witnesses also testified that the shooting followed a previous exchange of fists between the two men.
In police interviews with friends of Gutierrez, the defendant had claimed he acted in self-defense, believing Embler was reaching for a weapon himself.
Dave Clark is a reporter for the Home News. He can be reached at 990-2677 or [email protected].
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