Update on Shooting Investigation at 800 Northwest Mall

February 27, 2008 - Houston police homicide investigators have had aggravated robbery charges dropped against a suspect arrested following a robbery and shooting at 800 Northwest Mall in which a Houston police officer was wounded and a suspect was killed about 11:20 p.m. on Friday (Feb. 22).

James Andrew Montemayor, 21, was initially charged with aggravated robbery in the 337th State District Court. He was taken into custody at a nearby business at 1702 West Loop North shortly after the shooting. Witnesses identified him as one of two males who committed a robbery in the mall parking lot prior to the shooting incident.

Through further investigation and discovery of information not readily available to investigators until recently, it was determined by the Harris County District Attorney’s office the charge against Mr. Montemayor should be dismissed. Although witnesses identified Mr. Montemayor, homicide investigators obtained surveillance video from locations in the area where Mr. Montemayor was taken into custody that show he could not have been involved in the robbery and shooting cases.

The deceased suspect is identified as Marcus Anthony Alvarez (H/m, DOB: 3-21-86) of 4622 Daisy Meadow in Katy. The wounded officer, Osvaldo R. Gutierrez, is in stable condition at Memorial Hermann Hospital with a gunshot wound to the leg. Officer Gutierrez, assigned to the Westside Patrol Division, was sworn in as an officer in July 2006. He, along with two other Houston police officers, Andrew Egras and Noe Juarez, discharged their weapons at the suspects. Neither officer was hurt. Officer Egras was sworn in as an officer in December 2003, while Officer Juarez joined the department in September 1995.

HPD Homicide Division Sergeant W. Anthony and Senior Police Officer R. Chappell reported:

The suspects robbed a victim in the parking lot of the El Chaparral nightclub at 800 Northwest Mall. Officers working an extra job at the nightclub were notified and attempted to approach the suspects. At that time, the suspects opened fire on the officers, striking Officer Gutierrez. All three officers returned fire, killing one suspect. One suspect fled. A short time later, officers brought Mr. Montemayor back to the scene in the parking lot where he was identified by witnesses as being one of the robbery suspects wearing a dark hooded sweatshirt. Earlier, a third suspect driving a four-door green Cadillac STS was seen dropping off Alvarez and an unknown suspect in the parking lot, prior to the shooting.

Anyone with information on the identity or whereabouts of the remaining suspects and/or the vehicle is urged to contact the HPD Homicide Division at 713-308-3600 or Crime Stoppers at 713-222-TIPS.

JFC/VHS 2-25-08
Inc #026740208

For additional information, please contact the HPD Public Affairs Division at 713-308-3200.