VISTA, Calif. – An elderly man accused of shooting and killing one employee and injuring two others at a plant nursery in North County made his first court appearance Wednesday in a Vista courtroom.
Enrique Barajas Gutierrez, 76, appeared before a judge following his suspected role in a triple shooting at Atkins Nursery in Fallbrook last Friday. Family members of the defendant were also there, visibly shaken in tears when Gutierrez arrived in court. They did decline to speak to the media.
There, Gutierrez pleaded not guilty to one count of murder, firearm allegations, along with two counts of premeditated attempted murder.
“He was charged with one count of murder along with a firearm allegation that he purposely discharged a firearm and caused a death, he was also charged with two counts of premeditated murder along with the same firearm allegation,” Deputy District Attorney Cherie Somerville explained to FOX 5.
On Wednesday, the court did impose a criminal protective order, denying Gutierrez any contact with the two surviving victims. The shooting, killing one and injuring two others, all sustained injuries to their upper torso, with the two expected to survive recognized as a man in his 70s, along with a woman in her 30s, believed to be his daughter. It was also unveiled that Barajas was charged with sexual battery in 1996.
Meanwhile, Tuesday the man who died at the nursery was identified by the San Diego County Sheriff’s Department as 69-year-old Francisco Hernandez Mireles.
Deputies also unveiled the type of weapon in the triple shooting as a .22 caliber rifle.
“Any shooting obviously whether it is one person or multiple people is very tragic for everyone involved, and I understand that this would be upsetting to the community, especially a tight knit community like Fallbrook.”
Cherie Somerville, Deputy District Attorney
Gutierrez is currently booked in the Vista Detention Facility and is set to appear back in court on Feb. 27. If convicted, he faces 114 years to life.