Idaho Hatchet Murder

Maria Hernandez of Burley, Idaho, also known as Maria Gutierrez, has been charged with helping her brother, Hector Gutierrez, murder her husband Enrique with a hatchet in Las Vegas. Both are charged with murder and conspiracy to commit murder.

The state alleges Enrique discovered Maria was having an affair. He then hired a man to beat up Maria's lover, and he told her he was going to take custody of the couple's four children. About a month later, Maria wired $800 to Hector at his home in Visalia, which Hector said was to pay for his trip to Las Vegas to kill Enrique Mr. and Mrs. Hernandez thereafter went to Las Vegas to attend a quinceanera birthday party with family when they met up with Mrs. Hernandez' brother. The brother entered the van, in which Maria had concealed a hatchet.

When Enrique stopped on a Las Vegas street to check on the engine of his van, Maria directed Hector to attack Enrique with the hatchet. Hector struck him in the head neck five times, while Maria held him down. Enrique fought back and managed to stab Hector with a knife, before he died.

After leaving Enrique's nearly-decapitated body in the street, the two fled the scene in Enrique's van.

Enrique Hernandez was found dead at the scene, with his head nearly severed. Hector checked into a local hospital for treatment of his stab wound.

Maria reported their car had been carjacked, but the details of her story did not make sense. The police then followed a trail of blood from the van, a half-mile trail that led directly to Hector's car. Confronted with the evidence, Hector confessed to his part in the murder, saying his sister had asked him to do it, and he felt obligated to help her.

Comments from Allen:  This case provides a good reason for stricter hatchet-control laws.  Aside from that, with Hector's confession, the prosecution should have no problem establishing premeditated murder in this very grisly case.  

 After changing her original version of what happened several times, Maria is now claiming she did plan on having her husband, who was very abusive toward her, killed by her brother.  She now claims she originally wanted to have him killed the day before, but changed her mind, hugged her husband and told him she loved him.  On the day of the attack, she claims to have tried to save her husband by grabbing his arms and pulling him away from Hector.  Police say the evidence shows that she grabbed her husbands arms to hold him down during the attack.

 My guess is that the autopsy report shows bruising on Enrique's arms, consistent with being violently grabbed by someone with small hands; that would explain why Maria's current version of The Whole Truth includes a reason why she grabbed her husband's arms as he was being decapitated.  

 I am not going to hold my breath waiting for the jury to exonerate this woman.  I believe "Law and Order" would put this crime in the "heinous" category, due to the absolutely brutal manner of accomplishing Enrique's death.  I expect Hector to receive a life sentence, and Maria may get the death penalty, as she not only planned the murder for about one month, she enlisted the aid of another to help, and actually participated in the murder itself.  

 At sentencing, when Maria's attorney argues against the death penalty by bringing up the husband's enraging Maria by paying someone to beat up the boyfriend, I would not be surprised to see the judge respond by turning to Maria and saying: "What did you expect your husband to do when he found out this man was having sex with you?  Shake his hand?"

 Stay tuned.  Maria's preliminary hearing is set for October 9, 2015.  Trial will follow some months after that.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident takes place in the following Idaho Areas: American Falls, Arco, Blackfoot, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    

Sources for more information:

http://www.courtchatter.com/#!Court-date-set-for-woman-brother-in-Vegas-hatchet-slaying/c1oiw/556e3c930cf2312d796773bc

 http://www.idahostatesman.com/2015/05/28/3824874_prosecutor-death-penalty-possible.html?rh=1

 http://www.ktvb.com/story/news/crime/2015/06/02/court-date-vegas-hatchet-slaying/28369557/

http://lasvegas.cbslocal.com/2015/06/02/court-date-set-in-vegas-hatchet-slaying-case/

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