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Innocent Driver Killed In Concord Police Chase Over Cellphone Violation

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Scene of a fatal crash following a police chase in Concord, October 26, 2011. (CBS)

Scene of a fatal crash following a police chase in Concord, October 26, 2011. (CBS)

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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 This material may not be published, broadcast, rewritten, or redistributed.)

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