This summer, Oklahomans were shocked and saddened to learn that sportscaster Bob Barry, Jr., was killed in a scooter accident in northwest Oklahoma City. In the accident, a vehicle made an illegal U-turn, causing Barry's scooter to crash into the driver's side of the vehicle. 

The driver, identified as Gustavo Gutierrez, 27, of Bethany, did not have a valid Oklahoma driver's license, and instead, showed responding officers his Mexican ID card. When police searched the driver, they allegedly found cocaine in his possession. Gutierrez was arrested and ultimately charged with causing an accident while driving a vehicle without a valid license and possession of a controlled dangerous substance.

He was booked into the Oklahoma County jail and held on $18,500 bond. However, even if he were to make bond, Immigration and Customs Enforcement (ICE) has put an immigration hold on his release. According to ICE, Gutierrez is in the country illegally, and has been "voluntarily returned" to Mexico three times.

In June, an immigration attorney described a typical voluntary return to a local news station: "Voluntary return normally happens near the border. The person's normally detained 30 minutes to an hour and they are witnessed leaving the country, going back across the border."

Now, the case against Gutierrez is proceeding. This week, he waived his right to a preliminary hearing, in which a judge hears evidence and testimony to determine if there is sufficient evidence to bind the defendant over for trial. By waiving his right to a preliminary hearing, the defendant, who has pleaded not guilty, will automatically face trial.

Under 47 O.S. § 11-905 of the Oklahoma motor vehicle code, causing an accident while driving without a license is penalized according to the severity of the crash and any resulting injuries:

  • Causing an injury accident is a misdemeanor punishable by a fine of up to $2,000 and up to one year in county jail
  • Causing an accident resulting in "great bodily injury" is a felony punishable by a fine of up to $3,000 and up to 5 years in prison
  • Causing a fatal accident is a felony punishable by a fine of up to $5,000 and up to 5 years in prison

The penalties for cocaine possession are actually more severe than those associated with causing a fatal accident while driving without a license. A first offense of cocaine possession carries a possible sentence of 2-10 years in prison.

After the defendant's arrest, there was some speculation that he could be charged with second degree murder as a result of causing a fatal accident while committing a felony for his alleged cocaine possession at the time of the crash. However, the district attorney's office chose to file the more appropriate charge of causing a fatal accident while driving without a license, since the felony drug possession did not likely contribute in any way to the accident.