HEADNOTE: Mario Rodriguez Gutierrez v. State of Maryland, No. 98 ...
HEADNOTE: Mario Rodriguez Gutierrez v. State of Maryland, No. 98 ...
HEADNOTE: Mario Rodriguez Gutierrez v. State of Maryland, No. 98 ...
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<strong>Gutierrez</strong> told Alvarado-Pineda to stop in front <strong>of</strong> the house. Then, according to Alvarado-<br />
Pineda, a member <strong>of</strong> the party insulted <strong>Gutierrez</strong> for representing that he belonged to MS-13<br />
and <strong>Gutierrez</strong> responded by pulling out a gun and firing four shots into the crowd.<br />
The prosecution also introduced pictures from <strong>Gutierrez</strong>’s MySpace webpage. One<br />
<strong>of</strong> <strong>Gutierrez</strong>’s fellow passengers, Hector Tirado, testified for the <strong>State</strong> and identified<br />
<strong>Gutierrez</strong>’s gestures as those used by members <strong>of</strong> MS-13. He identified <strong>Gutierrez</strong> as the<br />
shooter that night. A transcript <strong>of</strong> Tirado’s grand jury testimony, in which he claimed that<br />
<strong>Gutierrez</strong> shot Quintanilla to gain entry into MS-13, was also admitted into evidence.<br />
The prosecution then called Sergeant George <strong>No</strong>rris, Supervisor <strong>of</strong> the Prince<br />
George’s County Gang Unit, as an expert witness “in the area <strong>of</strong> MS-13 and gangs in<br />
general.” <strong>No</strong>rris provided jurors with an overview <strong>of</strong> the MS-13 culture. He began by<br />
explaining that “MS-13” stands for “Mara Salvatrucha,” with “mara” meaning gang or group,<br />
“salva” referring to El Salvador, and “trucha” translating as “watch out” or “look out.” The<br />
13 in the gang’s name, he testified, is “indicative <strong>of</strong> their alliance with the Mexican Mafia[.]”<br />
<strong>No</strong>rris also described how prospective members are inducted, or “jumped,” into MS-13,<br />
which involves a 13 second beating by four or five gang members. He identified Langley<br />
Park, the location <strong>of</strong> the apartment where <strong>Gutierrez</strong>, Alvarado-Pineda, and Tirado were<br />
congregated before driving to Riverdale, as an MS-13 stronghold. Riverdale (the scene <strong>of</strong><br />
the crime), on the other hand, was a predominantly Mexican neighborhood and “[t]he gangs<br />
within that community are more <strong>of</strong> the Mexican-based gangs as opposed to MS-13, which<br />
is predominantly Central American based.” Thus, Riverdale is “an area where rival gang<br />
3