He was credited with 119 days served. Once he finishes his sentence he will be deported back to Mexico.
Hurtado-Gutierrez was in the U.S. on a Visa and didn’t leave the country after it expired, according to the Montgomery County Prosecutor’s Office.
Hurtado-Gutierrez was previously indicted on aggravated robbery and robbery, both felony charges. The aggravated robbery charge was dismissed and the robbery charge was amended to misdemeanor theft.
He was shot multiple times at the Kroger at 3520 W. Siebenthaler Ave. on Oct. 31.
Montgomery County sheriff’s deputies responded to the store around 8:31 a.m. for a reported shooting.
They arrived to find Hurtado-Gutierrez on the ground near the west entrance.
Security guards told deputies they confronted Hurtado-Gutierrez after he came into the store and started stealing items, according to Vandalia Municipal Court records.
Hurtado-Gutierrez reportedly became aggressive and threatened the guards.
“(Hurtado-Gutierrez) then displayed a handgun toward the security guard as he was walking out of the store, at which time (a guard) who already had (their) firearm drawn, fired several shots and struck Hurtado-Gutierrez,” an affidavit read.
The security guard is from a third-party company that contracts with Kroger.
Hurtado-Gutierrez was taken to the hospital with serious but non-life-threatening injuries.
At least one of the security guards was wearing a body camera that captured the incident.
Deputies reviewed footage that reportedly showed security confronting Hurtado-Gutierrez and telling him to leave. He was holding a drink in his left hand and had his right hand in his pants.
As Hurtado-Gutierrez was leaving the store, he removed a gun from his pants and raised it toward a guard, according to municipal court records.
One of the guards then fired.
No other injuries were reported.
“In reality we were very lucky that the security officer did not hit anybody else or that the suspect did not hit anybody,” Montgomery County Sheriff Rob Streck said.
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