13-year-old could face capital murder charge in store owner's death


by KHOU.com staff


Posted on March 31, 2014 at 5:36 PM

Updated Monday, Mar 31 at 10:18 PM

MONTGOMERY COUNTY, Texas – A 13-year-old boy could face a capital murder charge for his role in the slaying a beloved store owner about a week ago in the community of Cut and Shoot.

The Montgomery County District Attorney’s Office said, because the juvenile suspect is under the age of 14, he is not eligible to be certified as an adult to stand trial in connection with the death of store owner Sam Sadruddin.

The victim was shot and killed March 24 during a robbery in progress.

Whether the juvenile suspect is charged with murder, felony murder or capital murder, the longest sentence he could face would be a 40-year determinate sentence, the DA’s office said.

This means that he would begin serving time in the Texas Juvenile Justice Department, the DA's Office said. Sometime before his 19th birthday, the Juvenile Court will determine whether he should discharged, released onto parole or made to continue serving out the remainder of his sentence.

Deputies with the Montgomery County Sheriff’s Office arrested 19-year-old Joseph Gutierrez, and took the 13-year-old in for questioning on Friday.

Gutierrez is charged with capital murder by terror threat, but it is not clear which suspect might be the actual shooter.

The murder stunned the Cut and Shoot community.

Candles still continue to burn outside the closed Shell gas station, and so do the outpouring of prayers and mourning for the beloved store owner.

People living in the area were shocked to hear the ages of the suspects arrested.

“God, that’s so young. Like your whole life is wasted away because you wanted money and some beer or whatever it was that they were trying to get out of him,” said Cut and Shoot resident, Alexis Banks.