Woman Convicted In 2007 Plainfield Murder Released

PLAINFIELD, IL — Originally sentenced to 52 years before her conviction was overturned and she received a new trial, a 30-year-old Plainfield woman is free, 12 years after she and her boyfriend gunned down a Romeoville teenager. Gabriela Escutia was paroled after accepting a deal in which she pleaded guilty to a lesser charge for her role in 18-year-old Javier Barrios' death, according to the Herald-News.

On Feb. 15, Escutia pleaded guilty to second-degree murder for her role in the 2007 murder. The maximum sentence for that crime is 20 years, half of which must be served, according to the Herald-News. Escutia, 18 at the time of the killing, was given credit for the 10-plus years she has already served and released Thursday.

A jury found Escutia guilty in 2014 of first-degree murder. Prosecutors said that on Oct. 28, 2007, she lured ex-boyfriend Barrios behind a Meijer shopping center, where he was ambushed by her and her current boyfriend, Ricardo Gutierrez of Chicago. Gutierrez had just gotten out of juvenile prison.

Gutierrez was found guilty in a separate trial and sentenced to 68 years in prison. He is also appealing the conviction.

Escutia admitted to police that she shot Barrios, claiming she feared him, but denied that she meant to kill him. On the day of the killing, Escutia orchestrated a meeting with Barrios near the Plainfield Meijer service station. She brought along Gutierrez and a woman identified only as "Troubles," as well as a gun and a glove to keep her fingerprints off the weapon, according to testimony. Escutia walked up to Barrios' car and shot him once in the side before her pistol jammed, she admitted to police. She then gave the gun to Guitierrez. He cleared the weapon and put another two bullets in the back of Barrios' head. After the murder, Escutia and Gutierrez reportedly watched the movie "Saw IV."

An appellate court ruled that Escutia's confession was tainted by an illegal arrest and was inadmissible. Police did not have a warrant or probable cause to take her into custody, the appellate court said, and failed to disclose her right to remain silent and to see an attorney prior to questioning — often referred to as Miranda rights.

Weeks before the murder, Will County court records show Escutia took out an order of protection against Barrios, a Plainfield Central High School graduate.

Attorney Neil Patel told the Herald it would have been "almost impossible" for prosecutors to charge Escutia with first-degree murder again after her confession was ruled inadmissible.