The suspect accused of fatally shooting a man during a robbery of a Palolo convenience store in June could face life in prison without the opportunity for parole if he is found guilty.
An Oahu grand jury returned an indictment Wednesday charging Wilbur Gutierrez, 43, with murder, using a firearm to commit the murder, robbery, being a felon in possession of a firearm and carrying a firearm without a permit.
The murder charge carries a mandatory penalty of life in prison with the possibility for release on parole. However, because Gutierrez is being charged with more than one felony and has prior felony convictions, the grand jury also said Gutierrez may be eligible for extended sentencing. That would make the penalty for the murder charge life in prison with no parole.
Circuit Judge Richard Perkins set Gutierrez’s bail at $1 million.
Honolulu police arrested Gutierrez on June 23 in the fatal shooting of 44-year-old Keni Pologa, but released him without charges the following day. Gutierrez was already in custody at Halawa Correctional Facility on a parole retake warrant.
Deputy Prosecutor Patricia Kickland told Perkins on Wednesday that Gutierrez entered New Valley Store on June 20 and demanded money from the store operator.
Neighbors said Pologa was a longtime Palolo Valley resident who provided security for the store’s new owners.
Pologa, who was outside with three other men, entered the store and confronted Gutierrez, who then pulled out a gun, Kickland said. Pologa also attempted to pull out a gun but the magazine fell out. Gutierrez then shot Pologa in the chest, she said.
Kickland said after Pologa fell to the ground, Gutierrez shot the victim a second time as he made his way past Pologa to go after the store operator.
A state judge sentenced Gutierrez in 2009 to 10 years in prison on a firearm charge and five-year prison terms to be served at the same time for multiple drug charges.
State Department of Public Safety officials released Gutierrez on parole in July 2012.
