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District Attorney - Press Releases

Posted on: December 20, 2021

S.A. man who killed 11-month-old boy sentenced to life in prison

Bexar County Jail Booking photo of Miguel Gutierrez

A San Antonio man convicted last month of murdering his girlfriend’s baby was sentenced to life in prison this morning.

Last month, a jury convicted Miguel Gutierrez, 27, for the Nov. 3, 2017, death of Xzavier Cortez. Evidence showed Gutierrez admitted he pressed firmly on the baby’s abdomen, telling investigators “he went too far” and hurt the child while he was babysitting the boy and his siblings. Gutierrez said he found the baby was not breathing and a relative called 911. Paramedics took the baby, who had no signs of life, to a hospital where doctors discovered Baby Xzavier had bruises on his stomach. He also had healing broken ribs, a burn on his finger, as well as bruises to his head, arms and torso. 

Gutierrez appeared in the 379th District Court this morning where he was sentenced to life in prison. Gutierrez must serve at least 40 years before he is first eligible for parole.

“Baby Xzavier should be here today, getting ready to celebrate Christmas with his siblings. What he endured at the end of his 11 months of life is horrific. This defendant will spend more time behind bars than he did as a free man. It will never bring back Baby Xzavier, but I hope the sentence allows his siblings, father and grandparents to live in peace,” said Bexar County District Attorney Joe Gonzales.

Assistant District Attorneys Lauren Scott and Grant Bryan of the Family Violence Division prosecuted this case. It was investigated by the San Antonio Police Department. 

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