Breaking News
More () »

Court documents shed new light on kidnapping of Maira Gutierrez allegedly by her ex-boyfriend

Daniel Chacon's uncle told police that on Oct. 2, the day before the mother of 4 was shot to death, Chacon told him, "I think I am going to have to kill this girl."

HOUSTON — A charging document obtained by KHOU 11, lays out the case against Daniel Chacon who's just been captured in Mexico and returned to Texas where he's charged with kidnapping 38-year-old Maira Gutierrez

Pasadena police said Chacon is the prime suspect in the shooting death of the mother of four who was found dead inside her SUV hours after she was taken at gunpoint Monday.

Editor's note: The video above originally aired on Oct. 4

Chacon, 30, has a history of violence against women, according to court records. His common-law wife told police he assaulted her in 2012 and 2013 and tried to kill her in 2017. Records show Chacon made a deal with prosecutors and was allowed to plead to a misdemeanor. 

RELATED: Ex-boyfriend of woman kidnapped, found dead in SUV arrested in Mexico

The ex-wife said Gutierrez reached out to her last month looking for advice. The woman said she told Gutierrez to run from the relationship.

Gutierrez also called Pasadena police for help at least twice in September to complain that Chacon had repeatedly assaulted her. The Harris County District Attorney's Office declined charges in both cases, court records say.

Two weeks later, Gutierrez was dead, four children lost their mother and Chacon was on the run.

RELATED: Ex-wife of kidnapping, homicide suspect says he tried to kill her multiple times, but she got away

RELATED: Who is Maira Gutierrez, the woman who was kidnapped and killed in SE Houston?

The investigation

Witnesses called police the morning of Oct. 3 to report they saw a woman screaming for help while being forced into an SUV at gunpoint.

Investigators quickly identified Chacon as the suspect and learned from apartment management that police had been called to his apartment several times recently about issues with his current girlfriend. 

Officers said the girlfriend was emotional when they questioned her. She told them Chacon had just called from a fast-food restaurant and asked if police were looking for him. He told her he was "sorry for everything" and hung up. 

Chacon then went to an uncle's house to ask for a phone and some clothes. He told his uncle "that he f---ed up." After Chacon left on foot, the uncle called police. When detectives interviewed him, he admitted that Chacon told him on Oct. 2, the day before Gutierrez was killed, "I think I am going to have to kill this girl."

RELATED: Wanted | Man accused of kidnapping woman from Pasadena apartment now suspect in her death, police say

Detectives questioned Gutierrez's children and they were able to track her phone to an area near the 610 South Loop and the Gulf Freeway. Officers found the phone lying on the shoulder of 610. 

They also went to the Jack in the Box where Chacon had been when he called his girlfriend. Surveillance cameras show he was alone when he came in. There was no sign of Gutierrez or her vehicle. 

Officers finally spotted the victim's SUV near the intersection of Mykawa Road and the South Loop. They found Gutierrez inside, dead from a gunshot wound.

By then, witnesses had picked Chacon out of a photo lineup. 

He was named a person of interest in the case and the search for Chacon kicked into high gear.

The arrest

Pasadena police announced Thursday morning that Chacon was in custody. 

He was arrested in Nuevo Laredo late Wednesday night where he was tracked by local police, the Gulf Coast Violent Offenders Task Force, the US Marshall Service, DEA, and Customs and Border Patrol. 

"Our officers and the federal agencies worked tirelessly through the night to negotiate directly with him for a safe surrender at the Laredo Port of Entry," Pasadena PD said in a statement.

Chacon was being brought back to Harris County Thursday on kidnapping charges. Police said the charges could be upgraded to capital murder.

Family speaks

Gutierrez's oldest son, 19-year-old Jimmy Puente Jr., said Wednesday he will miss his mother a lot, especially her unconditional support.

“I just miss my mom,” Puente Jr. said  “Her support – my mom was always supportive. Every morning she’d tell me good morning ... 'Good morning, I hope you have a good day.'"

Puente Jr. said he has no words for Chacon, only gratitude for those who have helped emotionally and financially in the wake of the tragedy.

“Thank you for all the support and everything. My mom would really appreciate it,” he said.

Gutierrez's niece, Daliyah Gurrero, might have been the last family member to see her alive besides her 5-month-old daughter.

“She was the best mom and she was the best tia,” Guerrero said. “We just need justice.”

Gutierrez dropped Guerrero off at school the day she was found dead.

“She dropped me off at school on my birthday, Monday, and, um, she told me, 'I love you,'” Guerrero said.

The vigil

Tears, hugs and prayers were flowing at the vigil as family and friends gathered to remember Gutierrez.

“She was a great person and big-hearted,” her ex-husband Jimmy Puente said. “She did not deserve this. Nobody deserved this.”

The vigil was held at the location her body was found. There was still crime scene tape hanging.

Emotions remained raw for her children as those in attendance wrapped each other with comfort during the difficult time.

“She cried and cried for help,” Puente said. “I promise that your kids, our kids will be safe and your little girl trust me.”

Friends and family wore purple ribbons to raise awareness for domestic violence.

RELATED: Vigil held for Maira Gutierrez, mother of 4 who was kidnapped, killed earlier this week

Domestic violence resources

Domestic and family violence cases in the Houston area have increased at an alarming rate. Victims often suffer in silence because they feel scared, helpless or ashamed. 

RELATED: Wanted | Man accused of kidnapping woman from Pasadena apartment now suspect in her death, police say

If you or someone you know is a victim of domestic violence, here are some discreet ways to reach out for help.

The Houston Area Women’s Center has a 24-hour hotline for victims of domestic violence at 713-528-2121 or 1-800-256-0551.

The Family Time Crisis Center can also be reached 24 hours a day at 281-446-2615.

Before You Leave, Check This Out