Ogden security guard sent to prison for death of nightclub patron left in the road

OGDEN — An Ogden man was sentenced to prison Tuesday for his role in an encounter outside a nightclub that led to the death of a man last year after the man was hit by a car in a busy street.

Second District Judge Reuben Renstrom ordered Jose Higinio Garcia Jimenez, 55, to serve a term of zero to five years in prison for manslaughter, a third-degree felony, in connection with the Feb. 23, 2025, incident. The charge was reduced from a second-degree felony as part of a plea deal.

Garcia was asked to help two others deal with an unruly patron at an Ogden nightclub where he worked as a security guard. The three men followed the man, Albert Gutierrez, to nearby Washington Boulevard, a busy street in Ogden, just north of 36th Street, according to his statement in the Jan. 20 plea agreement.

"The patron fell into the street as a result of the altercation. I directed my co-workers to leave him in the street. The patron was hit by a passing car and later died from his injuries," Garcia's statement says. The two other security guards also face manslaughter charges. Their cases are pending.

In a subsequent filing in his efforts to reduce the classification of the charge to an even lower class A misdemeanor, however, Garcia maintains his role in the matter was "limited and lacked aggressive intent."

"Mr. Garcia Jimenez consistently maintained to investigators that he 'never, ever hit' the victim. His actions were directed toward pulling the victim out of the street for safety," reads the Feb. 17 court filing. In fact, it reads, he had been incapacitated by pepper spray used in the course of the confrontation, limiting his role in the matter.

According to a Jan. 15 motion by prosecutors to join Garcia's case with the cases of two other suspects, Jeison Gomez Diaz and Martin Esparza Espinoza, the confrontation with Gutierrez started after he allegedly refused to pay for tacos he ordered from a food vendor. Gomez initially confronted the man then asked for backup from Esparza and Garcia. The three men pursued Gutierrez, using pepper spray and hitting and kicking him.

"Ultimately, the three security guards leave Mr. Gutierrez beaten in the middle lane of Washington Boulevard on the roadway. Less than one minute later, a car pulls out of a parking lot and, while turning left, runs over Mr. Gutierrez lying in the middle lane of Washington Boulevard. Mr. Gutierrez later dies of the massive injuries that were inflicted," reads the filing from prosecutors.

Esparza, charged with manslaughter, a second-degree felony, is set to next appear in court on June 2. A jury trial in his case is scheduled for Oct. 28-Nov. 6. Gomez faces an identical manslaughter charge. His next scheduled court appearance is March 10.

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