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- An Orem police officer fired two shots at a man suspected of robbing massage parlors on Halloween.
- The man was not hit and surrendered and has since been charged with five counts of aggravated robbery.
- The shooting is under investigation to determine whether the officer's actions were justified.
OREM — An Orem police officer fired two shots at a suspected armed robber in October, according to court documents.
The man was not hit by either shot and surrendered shortly after.
On Oct. 31, Orem police invoked officer-involved critical incident protocol after responding to a report of an armed robbery. No other details about the police shooting were released at that time.
John Matthew Gutierrez, 25, of Provo, was arrested and later charged in 4th District Court with five counts of aggravated robbery, a first-degree felony. He is accused of first entering Happy Day Massage, 565 S. State, pointing a gun at three employees and demanding money from each of them.
An hour later, he entered Lucky Day Massage, 289 E. 930 South, and robbed two employees, according to charging documents. Gutierrez then allegedly "drove to a third massage parlor and walked to the front door, at which point officers located him."
A detective with the Payson Police Department, who is assisting with the investigation into the police shooting, reviewed body camera video and determined an Orem officer confronted Gutierrez at the third massage business and twice identified himself as a police officer.
"The suspect turned around and had an item in his hand. Two shots were then fired by (the officer), and John then surrendered to officers. John was not hit by either shot," a search warrant affidavit states.
Police reported finding a gun in Gutierrez's waistband when he was taken into custody. Gutierrez told officers he robbed the massage parlors "because he needed money for rent," the charges state.
The Utah County Attorney's Office said Thursday that the shooting is still under investigation by the protocol team and prosecutors will determine whether the officer was legally justified in using deadly force once the investigation is turned over to their office.
