Feb. 14—ROCHESTER — A Rochester man accused of

shooting and killing a man in an alleged road rage incident

made his initial appearance in court Wednesday.

Isaac Gutierrez, 20, is charged with one count of second-degree murder with intent, not premeditated; a count of second-degree murder, without intent and one count of second-degree felony assault with a dangerous weapon.

He is accused of shooting and killing Osbel Ornelas, 24, Feb. 3, 2024. Friends and family members of Ornelas sat in the courtroom as Gutierrez made his appearance in Olmsted County District Court Wednesday morning, Feb. 14. He appeared with his attorney Eric Newmark and said little in the short procedural hearing.

Judge Pamela King set an omnibus hearing on the charges for Feb. 27.

According to the criminal complaint describing video of the incident and witness accounts: Gutierrez was the passenger in a car driven by his brother, Jose Gutierrez Ojeda, 26, in the parking lot near Chik-Fil-A. Gutierrez Ojeda tried to back into a parking space forcing Ornelas to stop the car he was driving. A fight broke out between Gutierrez Ojeda and Ornelas. At one point Isaac Gutierrez gets out of the car with a firearm and fires one shot at Ornelas who falls to the ground, according to a description of a video of the incident.

The two brothers stayed at the parking lot to wait for the police. Ornelas was taken to Mayo Clinic Hospital-St. Marys where he died.

Police say Gutierrez Ojeda initially told officers he was the one who fired and that he was “jumped” and had shot Ornelas in self-defense.