CONCORD (CBS SF) — A police pursuit in Concord ended in the death of a driver whose car was struck by the fleeing suspect, according to authorities.

The chase began around 6 p.m. Tuesday when Concord police tried to pull the driver of a pickup truck over for allegedly talking on his cellphone without a hands-free device.

Police said the man refused to stop, prompting the chase that ended when the pickup truck crashed into a BMW.

The driver of the BMW, who has not been identified, died at the scene, according to Concord Police Lt. Darrell Graham.

KCBS’ Bob Melrose Reports:

(L-R) Mauro Gutierrez, Joshua Simmons (Concord Police Dept.)

(L-R) Mauro Gutierrez, Joshua Simmons (Concord Police Dept.)

The driver of the pickup truck was arrested after a short foot chase. He was identified as 25-year-old Concord resident Mauro Gutierrez, who is currently on parole. Another parolee, identified as 24-year-old Concord resident Joshua Simmons, was a passenger in the car, according to Lt. Graham.

Timmons was arrested after police found a handgun in the suspect vehicle, according to police.

Gutierrez was faces charges of vehicular manslaughter, evasion of a peace officer resulting in a death, resisting arrest, and for being a felon in possession of a firearm. Simmons was arrested for being a felon in possession of a firearm and possession of a controlled substance.

Police and the Contra Costa County District Attorney’s Office were investigating the crash.

(Copyright 2011 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

Comments (23)
  1. flick says:

    this is bogus no more hi speed police chases. a guy dies over a cellphone. give me a break

    1. Jonathan Gabriel Chavez says:

      Are you blaming the cops over the idiot driver who didn’t just simply stop because he didn’t want to get a ticket for a LAW he BROKE??? Is this a real post???

      1. Ed says:

        The cops had the option of quitting the chase when it became apparent that a greater danger was being created.

      2. John Jim says:

        Ed is so right !!!!

    2. anon says:

      at what point in the article did it say it was a hi speed chase? what the hell is wrong with people? blaming the police when some dumba$$ refused to stop…no accountability

    3. Coleby Hawkins says:

      Flick, just say what you really mean: You hate cops and love crooks.

  2. Linda says:

    Dublin Police are nutorious for running around looking for cell phone users inteasd of real law breakers.

  3. Mark says:

    Nice job morons. Yeah, this collar was really worth it. A real threat to public safety. Stop picking easy targets for REVENUE and solve some REAL crime for a change! The pursuing officer should be tried for manslaughter along with the driver of the suspect vehicle.

  4. JB says:


    1. Mark says:

      In a hot pursuit, especially on city streets, a cop needs to ask himself a question: is this pursuit worth bodily injury or death, to ANYONE? Obviously the answer for a cell phone violation is HELL NO! Of course the driver is at fault, but the cop contributed to and exacerbated the problem ending in the death of an innocent victim. The cop is GUILTY of contributing to a fatal accident.

      1. adam says:

        Mark…these are armed felons and that is why they fled. The police also found a loaded handgun in the vehicle. Sounds like the police pursuit was justified and good job of the CPD.

      2. Mark says:

        Adam, tell that to the victim’s family. I doubt they would agree with you. Nabbing a felon with a gun isn’t worth an innocent life.

  5. too-many-laws says:

    look in the mirror. blood is on all you people’s hands. all you people who get your panties in a twist about drivers on cell phones. this is partly on you.

  6. John says:

    Why would someone run from the police for using a cell phone. Lets see what his rap sheet has. then do what needs to be done. Using a cell phone while driving is not safe. That is why there are laws on use of cell phones. I say confiscate phones when caught and appear on Judge Judy to get it back.

  7. Ms. Safety says:

    This is a tragedy, and as someone who lost a family member to a car crash, the family has all of my sympathy.
    However, this news story, and especially the inflamatory headline, does not adequately address to the subject. The question of when a police pursuit is appropriate is more complicated than it sounds.
    A driver who flees from a “routine traffic stop” probably has more to fear than a traffic citaiton. Routine traffic stops are responsible for a substantial number of arrests of murders, rapists, kidnappers and other dangerous people.
    A Solano County highway patrol officer once pursued a fleeing driver, only to discover upon finally stopping him, that the fleeing driver had a kidnapped child in the car with him. The driver was arrested, the child was returned safely to her parents, and no one was harmed. Other routine traffic stops have turned up escaped felons, trunkloads of automatic weapons and other dangerous situations. There are actually many more of these incidents which prevent tragedy than those leading to innocent people being hurt or killed.
    Police pursuits are a complicated and controversial topic. They may or may not be the best choice. The officer has no way of knowing what the outcome will be when he or she makes the decision to pursue. More often than not, it is the right decision.

  8. Lt. J.Malone says:

    This is not the whole truth behind the chase. Yes, they tried to pull him over for non-hands free phone usage. After the crash, they apprehended the suspect and discovered a loaded handgun in the vehicle. KCBS…please get your news straight before posting and making the readers think differently than the actual truth.

  9. Lyle Noonan says:

    We need to stop all police chases now. All police everywhere should be banned. We don’t need them anyway. We should just have a co-extensive communal pro-active resolution that everyone everywhere should just get along. I am also a big flaming hippie, I might add

    1. oldfart says:

      we have than now, but criminals carry guns, kill people, perhaps your tombstone can read, the thug pulled a gun, I gave him the peace sign not my money, he killed me.

  10. adam says:

    The head lines should read…

    Concord police car pursuit of armed felons, resulting innocent driver killed.

  11. oldfart says:

    stop blaming the cops, what if everybody refused to stop when stopped by a cop,
    say you are jaywalking, asked to stop, then run and get hit by a car is that the cops fault.
    say you are stopped for shoplifting, cops say stop, you run and knock down an old lady, she dies, are the cops to blame,

    say say all you want, if you run when you are supposed to stop then you, not the cops take responsibility.

    good thing all you progressive liberal cop haters don’t live in Mexico, because if a Mexican cop says stop, and you run, you get shot, end of police report

  12. Matt says:

    Even if the cops didn’t chase them, this tragic incident could have still happened because the suspects fled. If those thugs didn’t flee, then the accident probably wouldn’t have happened because the moment was missed. Those suspects are the only ones that are responsible for the driver’s death.

  13. TJ says:

    I find it strange that nobody ever tries to give doctors or business people advice on how to do their jobs, but for police everybody has an opinion.

    If the police try to pull over a cell phone user and they flee, then that immediately tell the officer that there is MORE illegal activity going on than just the phone!

  14. EdgarLawFirm says:

    This tragedy could have been easily prevented, but because of one man’s recklessness, another lost his life. Unfortunately, no matter how careful you are, you are still in the hands of others when you get behind the wheel. Our thoughts and prayers go out to the victim’s family.

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