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On Sunday, March 19, 2023, at about 6:50 p.m., Senior Corporal Matthew McLain was notified by property management at 1910 Bennett Avenue that a man they believed was involved in a stolen vehicle case earlier in the month where the suspect rammed a marked squad car was at the location. The preliminary investigation determined Senior Corporal McLain arrived at the apartments and requested back up. When officers arrived, Senior Corporal McLain and Officer Kimberley Esquivel entered the front of the building and walked through to the back parking lot where they located the suspect, 35-year-old Hernan Gutierrez. Senior Corporal McLain started engaging with Gutierrez, giving commands, and the suspect pulled away and started to struggle with officers.

During the fight, Officer McLain drew and deployed his taser, which was ineffective in controlling the suspect. As the struggle continued, Gutierrez produced a handgun and fired one round. Officer Esquivel drew her department-issued firearm and shot one time, hitting Gutierrez. The suspect fell on top of his weapon, and officers placed him in handcuffs. Officers immediately requested Dallas Fire Rescue to the scene and rendered medical aid while monitoring Gutierrez’s condition. DFR responded and took Gutierrez to a local hospital in critical condition. The suspect’s weapon was recovered at the scene. The round fired by Gutierrez was located by detectives and hit an occupied apartment north of the incident location. No officers or anyone at the scene was injured. Gutierrez will be charged with Aggravated Assault on a Public Servant. The suspect is also currently wanted on a federal probation violation for a firearm-related offense. The investigation is ongoing and is being investigated by the Dallas Police Special Investigations Unit.