A 52-year-old driver has been charged with driving while intoxicated with a child passenger after a weekend crash in Harris County, Texas, that killed a 9-year-old boy.
Javier Gutierrez faces the felony charge based on court documents reported Monday by FOX 26 Houston, ABC13 and KHOU. A judge set bond at $100,000.
The charge is an allegation. Gutierrez has not been convicted, and investigators said a more serious charge could be considered as the case develops.
The collision involved a sheriff’s vehicle
The crash happened at about 12:40 a.m. near T.C. Jester Boulevard and Tomlinson Trail Drive, north of Beltway 8.
Investigators said a northbound Toyota pickup tried to turn west across the path of a southbound Harris County Sheriff’s Office vehicle. The vehicles collided, sending the patrol vehicle into a brick subdivision wall and spinning the pickup into the southbound lanes.
The deputy was traveling with a mental-health clinician. Neither was responding to an active call at the time, according to FOX 26. Both sustained minor injuries and were treated at a hospital.
The child was ejected
Authorities allege the child was riding unrestrained in the pickup’s front passenger seat and was ejected during the crash. The deputy immediately tried to help until emergency personnel arrived.
The boy was taken to a hospital and died from his injuries. His identity is not necessary for reporting the charge, and Daily Junk Food is withholding it.
Investigators said Gutierrez showed signs of impairment at the scene. They also said there was no initial indication that speed caused the collision.
The next legal step may change
The current count—DWI with a child passenger—reflects the allegation that investigators and prosecutors were prepared to bring at the first court appearance. Court documents noted that the charge could be upgraded, but no higher count had been filed when the latest reports were published.
That distinction matters. A fatal outcome does not allow a news outlet to announce a charge before prosecutors file it, and signs of impairment are not the same as a conviction.
What is established is devastating enough: a child died after being ejected from a pickup, two people in a sheriff’s vehicle were injured, and the pickup’s driver now faces a felony allegation as investigators reconstruct the crash.
Facts first. Side-eye included.
DJF separates what is confirmed from what is claimed—and tells you why this particular mess is worth your time.