HORIZON CITY, TEXAS (KFOX14/CBS4) — Javier Montoya Rubio was arrested on Monday in connection with the murder of a missing person after a witness identified him as the shooter, according to court documents obtained by KFOX14/CBS4.
The El Paso County Sheriff’s Office arrested Montoya Rubio on Monday after authorities found human remains on a property on the 100 block of South Ascencion Street, out in the desert near Horizon.
The Sheriff’s Office explained that investigators identified the remains as belonging to 45-year-old David Luciano Gutierrez, a man who had been reported missing and had been last seen Sept. 7.
According to a complaint affidavit, on Sept. 8 at approximately 6:50 am, the El Paso Sheriff’s office was dispatched to Blackmon St and Temperence St regarding an aggravated assault with a gunshot victim.
Police say when they arrived on the scene, a witness reported he had been shot in the desert and was transported to Del Sol Medical Center. At the hospital, the witness said an unknown offender shot him but refused to provide further details.
On Sept. 13, the sheriff’s office began looking into a missing person case involving Gutierrez after his ex-wife reported him missing, stating that she had not seen or heard from Gutierrez since Sept. 7. According to court documents, Gutierrez had last texted his daughter around 1 pm on the 7th, but did not attend his child’s birthday party and missed a probation meeting on Sept. 9.
David Luciano Gutierrez (Credit: El Paso County Sheriff’s Office)
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While multiple welfare checks were made, Gutierrez’s ex-wife said she believed that he was in danger due to previous incidents with narcotics and death threats, the court documents stated.
The ex-wife told authorities that Gutierrez had confronted a man named “Javier,” later identified as Montoya Rubio, over a $3,000 debt. This confrontation had led Montoya Rubio to point a firearm at Gutierrez, according to court documents.
The ex-wife would later learn that Montoya Rubio is the father of her daughter’s boyfriend.
Meanwhile, on Sept. 16, deputies had conducted another interview with the witness after Gutierrez’s sister had begun her own investigation into her brother’s disappearance, leading to a woman named “Julie” who was last seen with the witness.
The court documents state that the witness admitted to being with Gutierrez at the time of the Sept. 8 shooting and stated that Gutierrez may have also been shot.
The witness described the shooter as a Hispanic male in cowboy attire, later identified as Montoya Rubio.
On Dec. 1, the witness agreed to further cooperate with detectives, explaining that fear of retaliation had initially prevented him from doing so. He recounted that Gutierrez had left a bundle of methamphetamine valued at $2,000 at Montoya Rubio’s trailer and was attempting to collect payment when the confrontation occurred.
Court documents state Montoya Rubio allegedly shot Gutierrez in the chest and then turned the gun on the witness, who managed to escape.
The witness then later identified Montoya Rubio on Dec. 2 in a photo lineup.
The investigation continues as authorities piece together the events leading to Gutierrez’s death, with preliminary autopsy results indicating homicide by gunshot wounds.
Montoya Rubio was arrested at the 14300 block of Desierto Lindo Avenue and is being charged with murder and booked on an outstanding warrant, as well as tied to drug charges from August 2024.
According to jail records, Montoya Rubio is being held under a combined bond of $265,000.
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