Man Won’t Face Charges in Death of His Daughter

Police do not intend to arrest a man who accidentally ran over and killed his 3-year-old daughter, officers said Tuesday.

“It’s an accident,” said Costa Mesa police Lt. Ron Smith. “There’s no signs of drugs, alcohol or reckless driving. No problems with the vehicle, nor signs of foul play.”

Jose L. Gutierrez, 40, did not see his daughter, Maricela, when he pulled his car onto the lawn Monday afternoon to wash it, Smith said.

She died at Hoag Memorial Hospital Presbyterian in Newport Beach of traumatic injuries to the head about 6 p.m., one hour after the accident, said Cullen Ellingburgh, an Orange County supervising deputy coroner.

“It’s tragic, very tragic,” Smith said. “But I just don’t see where this is criminal at all. It’s just a very sad story.”

Investigators are still working on the case, Smith said. They will probably submit evidence to the district attorney’s office, a routine procedure in an unnatural death.

Smith said Gutierrez passed screenings for drugs and alcohol. He may have been tired, though. He worked two jobs to support his family, police said.

Moments after police and paramedics arrived at the family’s duplex on West 18th Street, the Rev. Joseph R. Robillarv of St. Joachim Catholic Church visited the family, a church spokeswoman said.

Robillarv will officiate at the child’s funeral Friday.

Family friend Jose Valdovinos said Gutierrez was heartbroken by the death. Maricela was only 12 days short of celebrating her fourth birthday.

“He’s sad, very sad,” Valdovinos said. “It shouldn’t have happened.”

Gutierrez spent much of the day making funeral arrangements and did not want to speak about the incident, according to a man who identified himself as Gutierrez’s brother.