Clark County prosecutors are reviewing whether to seek the death penalty in a deadly crash that killed three people last month, a move that underscores how serious they believe the allegations are against the driver.
19-year-old Jose Gutierrez is facing multiple murder charges after investigators say he plowed into a line of vehicles stopped at a red light along West Cheyenne Avenue near North Jones Boulevard, traveling at more than 100 miles per hour on Nov. 18.
WATCH | Alyssa Bethencourt reports the latest on Clark County prosecutors reviewing the possiblity for the death penalty in crash that killed three people
While no final decision has been made, the Clark County District Attorney’s Office confirms the case is now undergoing a formal death penalty review, a process reserved for the most severe murder cases.
What happened?
Body-worn camera video captures the chaotic aftermath of the Nov. 18 crash: twisted metal, shattered glass and first responders rushing to help victims along a busy stretch of road in the northwest Las Vegas valley.
According to investigators, Gutierrez accelerated as he approached a red light and reached speeds of nearly 110 miles per hour before slamming into multiple stopped vehicles.
Three people were killed:
- Gutierrez’s pregnant girlfriend, Adilene Duran Rincon
- Another driver, Edward Garcia
- Vanessa Lainez Vasquez, who spent weeks in a medically induced coma before dying from her injuries earlier this month
During a court hearing Wednesday, his attorney confirmed prosecutors are reviewing the case for the death penalty.
Why is the death penalty being considered?
District Attorney Steve Wolfson says a murder case may be reviewed for the death penalty when the facts suggest the possibility of an aggravating circumstance.
“If a murder case has the potential to have an aggravating circumstance as part of the facts, then the case will go before our death penalty review committee,” Wolfson said.
That committee is made up of senior homicide prosecutors and the district attorney himself. The defense is also given an opportunity to be heard.
Wolfson stressed that while many murder cases go through this review, most do not result in a notice of intent to seek the death penalty.
Q&A: District Attorney explains the process
Senior Reporter Alyssa Bethencourt asked District Attorney Steve Wolfson to explain why cases like this one are reviewed for the death penalty.
Q: Last week, there was a lot of talk because we covered the death penalty consideration for the road rage shooter. Then again, we hear this death penalty consideration for Jose Gutierrez. Just talk to me about why these cases would be considered in the first place for a death penalty review.
A: “If a murder case has the potential to have an aggravating circumstance as part of the facts, then the case will go before our death penalty review committee. It is a committee consisting of some of my most senior homicide prosecutors and myself, where we discuss the facts of the case. We also invite the defendant’s lawyer to come and present us with whatever information they would like. After this meeting, a decision is made.”
Q: And you would be the one to make that ultimate decision, right?
A: “Yes, the ultimate decision rests with the elected DA.”
What comes next
In court, the defense suggested Gutierrez may have suffered a seizure while driving, a claim prosecutors say they believe is inconsistent with the evidence and the alleged actions leading up to the crash.
Because the death penalty review is scheduled for Tuesday, Gutierrez’s arraignment has been pushed back to January 6. His attorney says he plans to plead not guilty and has agreed to waive Gutierrez’s right to a speedy trial.
No final decision has been made on whether prosecutors will formally seek the death penalty.
Are there other cases where the death penalty is being considered in Nevada?
Nevada prosecutors are seeking the death penalty in several high-profile cases from 2025, even as the state hasn't executed an inmate in nearly two decades.
VIDEO: Abel Garcia breaks down high-profile cases where prosecutors may seek the death penalty in Nevada
There are three major cases where prosecutors are pursuing capital punishment this year. On Mar. 28, police say a valley-wide crime spree began with a deadly shooting at the Aliante Hotel and Casino. Then, on June 8, a YouTuber was accused of shooting and killing two other content creators on the Strip in front of the Bellagio fountains. And on Nov. 14, an 11-year-old boy was shot and killed during what investigators describe as a road-rage encounter on the 215 Beltway.
Nevada hasn't executed an inmate since 2006. While the state hasn't conducted an execution in nearly two decades, the Nevada Department of Corrections says there are currently 46 people on death row.
The Death Penalty Information Center reports that Nevada has carried out 12 executions since 1976 — a small number compared to many other states that retain the death penalty.
According to state law, Nevada remains a death penalty state on paper even as executions have effectively been on hold for years.
What are some of the factors contributing to pause in capital punishment in Nevada?
Nevada hasn't carried out an execution in years, despite having inmates on death row. Several factors contribute to this lengthy pause in capital punishment.
The primary obstacles include lengthy legal appeals that delay execution dates and ongoing challenges in obtaining execution drugs. These procedural and logistical hurdles have effectively stalled the state's death penalty process.
WATCH | Tricia Kean breaks down why there's been a pause in capital punishment in Nevada
Drug Procurement Challenges
The difficulty in securing lethal injection drugs has become a significant barrier for states attempting to carry out executions. A death penalty expert explained the complex process states use to obtain these substances.
"These drugs are not FDA approved. They're not in any way regulated by the federal government, which, you know, in some ways really works for these states and these prison systems because they can kind of quietly go to the compounding pharmacy and say, 'hey, we need, you know, these drugs,' and maybe not really give a reason for what they're going to use the drugs for, or maybe, you know, not tell the truth about what the drugs are going to be used for. And that's how a lot of states have continued to carry out these executions," the expert said.
Method Concerns
Lethal injection is the only approved execution method in Nevada. However, statistics show it has the highest rate of botched executions among all execution methods. This concerning track record has prompted some states to return to alternative methods like firing squads or nitrogen gas.
Financial Impact
The death penalty carries a significant financial burden for taxpayers. A 2014 state audit revealed that an inmate on death row costs taxpayers approximately $500,000 more than an inmate who did not receive the death penalty. These additional costs stem primarily from the extensive appeals process required in capital cases.
The lengthy legal proceedings and associated expenses continue to make the death penalty a costly endeavor for the state, even when executions are not carried out.
