Man accused in crash that killed Bob Barry, Jr. waives his right to preliminary hearing

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OKLAHOMA CITY -The man accused of causing a deadly accident that claimed the life of NewsChannel 4 Sports Director Bob Barry, Jr. appeared in an Oklahoma County courtroom Tuesday.

In June, Bob Barry, Jr. was killed in an accident involving his motorized scooter along May Ave. in northwest Oklahoma City.

Police said Gustavo Gutierrez made an illegal U-turn, cutting in front of Barry’s scooter, causing him to crash into the side of the vehicle.

Gutierrez was charged with causing an accident while operating a vehicle without a state driver’s license and possession of cocaine.

It was later revealed that Gutierrez was in the country illegally.

NewsChannel 4’s cameras were rolling as he made his way in and out of the courtroom Tuesday morning.

Gutierrez didn't say a word, hanging his head and holding onto his Bible.

"He's definitely very remorseful. You know, he wishes he could take everything back. Unfortunately, that is not the case," said his attorney Cesar Armenta.

On Tuesday, Gutierrez waived his preliminary hearing in the case, meaning he will go to trial if a plea deal is not reached.

By waiving his preliminary hearing, the state did not have to present evidence to the judge.

"One of the reasons why we waived it, there's always a possibility that if we would have conducted that preliminary hearing, the state could have possibly amended the charge, so it was in his best interest," Armenta  said.

Prosecutors believe the case may never go before a jury.

"What I anticipate will occur is very likely the defendant will enter a plea. I think considering the celebrity of the victim in this case that it would be, you know, it'd be a difficult one for the defendant to go to trial on with the jury knowing, you know, what's happened in the case," said Oklahoma County District Attorney David Prater.

The process has been a trying time for loved ones on both sides.

"You know, our thoughts and prayers continue to be with the Barry family,” Prater said. “We've met with Gina and the family and have appreciated their support and also are very encouraged and amazed at how they've moved forward and have continued to honor the life of Bob.”

Prater said, if Gutierrez is found guilty, he could face up to 15 years in prison in the United States. He adds that Gutierrez will eventually be deported back to Mexico.

If he ends up in prison, he said it will be up to the Department of Corrections to decide when he will go back.

An attorney for Gutierrez said he hopes to sit down with the state to negotiate and come to a resolution.

A pretrial conference is scheduled for 9 a.m. on Nov. 24.

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