Immigrant deported 7 times claims insanity in murder charge

Fermin Garcia-Gutierrez, 46, now charged with aggravated murder in a Hamilton case, is shown on a poster prepared by Butler County Sheriff Richard Jones and featured at a press conference March 29, 2024. Garcia-Gutierrez has been arrested several times, deported and arrested again, Jones said. NICK GRAHAM/STAFF

Fermin Garcia-Gutierrez, 46, now charged with aggravated murder in a Hamilton case, is shown on a poster prepared by Butler County Sheriff Richard Jones and featured at a press conference March 29, 2024. Garcia-Gutierrez has been arrested several times, deported and arrested again, Jones said. NICK GRAHAM/STAFF

A man indicted last summer for murder in the death of a Hamilton man has changed his plea to not guilty by reason of insanity, according to court records.

Fermin Garcia-Gutierrez was indicted by a grand jury in July on charges of aggravated murder, murder (two counts), felonious assault (two counts) and kidnapping, with firearm specifications, for the death of man found in a Hamilton garage in April.

Butler County Sheriff Richard Jones called a press conference last summer pointing to Garcia-Gutierrez as a multiple time offender who has been deported seven times.

The charges on the latest indictment pertain to one murder, but the multiple indictments are from different subsections of the law, not for allegedly committing multiple homicides.

At arraignment, Butler County Common Pleas Judge Jennifer McElfresh set bond at $5 million cash or surety.

On Thursday, Garcia-Gutierrez was back on court for a pretrial hearing when his attorney Keith Fricker entered the insanity plea and also questioned his competency to stand trial.

“Counsel has had numerous conversations with the defendant and other friends and family members, each time the counsel comes away with a real question as to the competency and mental stability of the defendant,” Fricker said in a written motion.

Fricker said Garcia-Gutierrez may have suffered a past brain injury from years of drug use or from blows to the head.

The judge scheduled a hearing on Nov. 7 to consider the appointment of a forensic psychologist.

Oviedo, 41, had been found dead on April 1 after Hamilton police officers were called about a body in the 1100 block of South 13th Street.

Investigators believe before Garcia-Gutierrez was arrested on other charges, he committed the homicide.

Fermin Garcia-Gutierrez, 46, is an illegal immigrant and is charged with aggravated murder, in connection with the death of a person found in the 1100 block of South 13th Street in Hamilton. PROVIDED

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Jones said Garcia-Gutierrez is an example of his frustration with the Biden Administration’s immigration enforcement and border policies.

Jones said Garcia-Gutierrez had been to prison three times and deported seven times to Mexico, but keeps returning.

“Says it takes him two weeks to get back,” the sheriff said.

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