A Santa Maria Valley man whose driver’s license had been suspended several times due to his seizure disorder must stand trial on a second-degree murder charge stemming from a fatal crash last year.
The preliminary hearing in Santa Barbara County Superior Court on Wednesday ended with Jordan Gutierrez, 27, being held to answer the charges after Judge Kristy Imel determined enough evidence existed for the case to proceed.
Gutierrez was arrested in August in connection with the September 2024 crash, and charged with murder for the death of another driver, Sharlene Plunkett, 79.
His northbound 2020 Nissan Altima, traveling on Highway 135, crossed into the southbound lanes near Foster Road during the day-time crash.
Two other drivers took evasive action to avoid the wrong-way driver.
But the Nissan slammed into the 2015 Honda Civic driven by Plunkett, which was stopped in the right-turn lane on Highway 135 at Foster Road.
Rescue personnel extricated Plunkett from the wrecked vehicle, but she died at Marian Regional Medical Center.
Gutierrez also had critical injuries, including an open fracture of his ankle, and was taken to Marian.
A preliminary hearing is held to determine if there is enough evidence for a defendant to go to trial, and involves limited presentation from the defense.
In addition to law enforcement officers, witnesses who testified included a neurologist, a former supervisor from the defendant’s employer at the time, Santa Barbara County Social Services Department, and a Department of Motor Vehicles representative.
The crash occurred days after the end of Gutierrez’s latest driver’s license suspension related to a neurological disorder.
Dr. Justin Abraham, a Santa Barbara-based neurologist, said he counseled Gutierrez about the importance of lifestyle choices, including avoiding triggers for his seizures such as lack of sleep, stress, weight-loss supplements filled with caffeine, and more.
Other discussions centered on taking medications as prescribed.
They also discussed Gutierrez’a status for driving due to his seizure disorder, which was diagnosed as a type of epilepsy that can lead to a loss of consciousness.
At one appointment, the doctor said, Gutierrez seemed more focused at having the doctor fill out the DMV form than managing his epilepsy.
“He is not very happy whenever he’s told he cannot drive,” Abraham said during questioning by Deputy District Attorney Catherine Martin.
During cross examination by defense attorney Marianne Zawadzki, the doctor said epilepsy in general is a progressive disease.
“What you can say is his epilepsy became more difficult to treat,” Abraham added.
Asked if it’s a difficult diagnosis to accept, the doctor answered, “Correct.”
Gutierrez allegedly admitted taking a hit of cannabis from a bong hours before the crash, but the neurologist said he would not recommend use of marijuana for the type of epilepsy.
Martin questioned a DMV official about paperwork related to Gutierrez’s driving status involving for his four suspensions. She also played a recording of a DMV hearing regarding the defendant’s driver’s license status.
The DMV employee asked how long Gutierrez had had the seizure disorder, noting one reference in paperwork suggested 10 years.
“No, I want to say I’ve had them about three to four years. They do come on and off,” Gutierrez said during recorded interview played in court.
During her cross examination, the defense attorney focused on confirming some errors in the DMV paperwork to cast doubt about the information.
Michael Gruver, a now-retired officer from the California Highway Patrol, first encountered Gutierrez in the crumpled car, adding it was obvious he had a medical condition beyond the crash injuries.
“He stated that he could’t remember what had happened and that he blacked out,” Gruver said.
When the DMV reinstated his driver’s license, Gutierrez said it included the admonition to pull over and don’t drive if he suspected a seizure, Gruver said during his testimony.
The investigation determined Gutierrez was driving 62.8 mph with his speed reaching 71.5 mile prior to the collision. The speed limit for the section of Highway 135 is 55 mph.
After the judge ruled the charges should continue, Gutierrez was instructed to return to court Jan. 27 for arraignment on the information.
He remains free from Santa Barbara County Jail with orders not to drive.



