No parole for convicted Amarillo police killer - KWES NewsWest 9 / Midland, Odessa, Big Spring, TX: newswest9.com |

No parole for convicted Amarillo police killer

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AMARILLO, Texas (AP) - 1 of 3 Amarillo brothers sentenced to life in prison for the slaying of a police officer more than 30 years ago on Christmas Day has lost a bid for parole.

The Texas Board of Pardons and Paroles cites "poor institutional adjustment" for its decision refusing parole for 49-year-old Ernesto Gutierrez. The Amarillo Globe-News reports won't come up for another review until 2016.

Gutierrez and brothers Victor, now 55, and Guadalupe, 51, were convicted of capital murder for the 1980 shooting death of 26-year-old Berry Joe McGuire. McGuire had pulled over their car for suspected drunken driving.

A fight broke out and Ernesto Gutierrez grabbed the Amarillo officer's gun. McGuire was shot three times.

Ernesto was arrested the next day. McGuire's gun was found at his mother's house.