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Trial begins for man accused of 2017 murder of 11-month-old boy

Miguel Gutierrez faces 5 to 99 years or life in prison

SAN ANTONIO – The trial for Miguel Gutierrez, who’s accused of the 2017 murder of 11-month-old Xzavier Cortez, began Friday.

Gutierrez was apparently babysitting the boy for his mother, Selena Gabriella Moya.

Cortez was found unresponsive on Nov. 3, 2017, in the 200 block of North San Ignacio.

San Antonio Fire and EMS paramedics testified Friday that they found the boy unresponsive, his eyes glossed over, what looked like bruising over his torso and the words “Thug Life” written on his stomach.

Miguel Gutierrez is charged with murder of 11-month-old boy. (Copyright 2021 by KSAT - All rights reserved.)

A 911 call was also played to the jury. It’s unclear who the caller was, but nobody in the home knew how to do CPR on the baby. Several attempts were made by the dispatcher to get somebody to administer CPR.

The defense during the opening statements seems to shift the blame for Cortez’s death to his mother. Moya was indicted last year on a charge of child abandonment-risk of bodily injury. Her trial date has not been set.

If found guilty, Gutierrez faces 5 to 99 years or life in prison.

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About the Author
Erica Hernandez headshot

Erica Hernandez is an Emmy award-winning journalist with 15 years of experience in the broadcast news business. Erica has covered a wide array of stories all over Central and South Texas. She's currently the court reporter and cohost of the podcast Texas Crime Stories.

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