On April 23, 2023, at approximately 9:25 p.m., deputies from the Montgomery County Sheriff's Office responded to a report of a suicide involving a weapon in the 23000 block of Holly Ridge Road in Porter, Texas. Upon arrival, they discovered 34-year-old Rufino Gutierrez deceased in the driver's seat of a Nissan Altima, having suffered multiple gunshot wounds to the head.
Seven spent 9mm shell casings were found inside the vehicle, leading investigators to determine that the incident was a homicide rather than a suicide.
A witness reported hearing several gunshots and then observed a car, identified as the Nissan Altima he had loaned to Gutierrez earlier that day, crashing in front of his home. Upon inspecting the vehicle, the witness found Gutierrez deceased in the driver's seat and another individual, later identified as 24-year-old Houston resident Roberto Ausencio, in the passenger seat. Earlier that day, the witness had accompanied Gutierrez to a gas station on Sorters Road, where Gutierrez met with Ausencio. Surveillance footage from the gas station showed Gutierrez and Ausencio leaving together in the Altima around 8:15 p.m., approximately an hour before the shooting occurred.
The investigation revealed that the homicide appeared to be narcotics-related. On May 3, 2023, the Montgomery County Sheriff's Office Homicide and Violent Crimes Division, along with the Gang Task Force and SWAT team, executed an arrest warrant for Ausencio, a known gang member. He was taken into custody without incident and charged with the murder of Gutierrez. Sheriff Rand Henderson praised the detectives for their diligent work in solving the case and emphasized that such violent lawlessness would not be tolerated in Montgomery County.
Following his arrest, Ausencio was indicted on murder charges by a Montgomery County grand jury. He was released on a $200,000 bond, with his next court appearance scheduled for August 31, 2023.
