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EXCLUSIVE | Sister-in-law of Lady Bird Lake drowning victim Martin Gutierrez alleges 'foul play'

Martin Gutierrez went missing in November 2018 after leaving a bar on Rainey Street and his body was recovered from Lady Bird Lake days later
UPDATED MAY 7, 2023
Whitney Gutierrez (R) has spoken up about the death of Martin Gutierrez (Images provided by Whitney Gutierrez)
Whitney Gutierrez (R) has spoken up about the death of Martin Gutierrez (Images provided by Whitney Gutierrez)

AUSTIN, TEXAS: Residents of Austin, Texas, are terrified after rumors about a serial killer preying on men surfaced. An eighth body was pulled from Lady Bird Lake in the city in just 10 months. Similar deaths were reported and bodies recovered from the lake in the past few years too. 

Police dismissed claims that the deaths were the work of a serial killer, and said that although each incident occurred at the lake, "the circumstances, exact locations, and demographics surrounding these cases vary". Among the deceased men who were pulled out of the lake was Martin Gutierrez. Gutierrez went missing in November 2018 after leaving a bar on Rainey Street. Days later, his body was recovered from the Lady Bird Lake by the Austin Police Department and the Austin Fire Department. 

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'Foul play was definitely involved'

"We realized Martin was missing when his keys and car remained at our house and he did not show up for work, missed the gym with us, and his phone went straight to voice mail for a day and a half," Whitney Gutierrez, Martin's sister-in-law and the wife of his brother Mitchell Gutierrez, told MEAWW. 

"The initial cop who came told us to post about it everywhere and spread the word via news media so we could have a better chance to find him. We searched for seven days. We did not feel supported by law enforcement, didn’t see them present during searches, and we did most of the investigative work and searches ourselves since it was Thanksgiving -- viewing camera footage, hanging flyers, and doing news interviews. Austin Search and Rescue checked the water for one day only and told us he wasn’t in the water. We weren’t taken seriously at all. The detectives weren’t responsive to us," she added.

The cause of 25-year-old Martin's death was said to be an accidental drowning, but his family is not convinced. "We do not believe this," Whitney, 32, said. "Foul play was definitely involved. He was a good swimmer, he would have never just walked down to the water in mid-winter fully clothed for a swim. He had an occipital contusion in the back of his head and bruises happen when you’re still alive."

Mitchell (L) and Martin Gutierrez (R) (Image provided by Whitney Rutz)
Mitchell (L) and Martin Gutierrez (R) (Image provided by Whitney Gutierrez)

On being asked about the serial killer rumors, Whitney said she believes foul play was involved in the deaths of all these men and the cases "do not seem coincidental." "We know our loved ones and there is so much that doesn’t add up between the cases. I believe there truly could be someone or a group of people doing this to them," she said.

She added, "I don’t feel safe in Austin anymore. I would never go out and about downtown alone. Crime has increased so much and without much change or increase in safety within the city."

'Martin was a young and happy human being'

Recalling the days she and her husband spent with Martin, Whitney said, "Martin was a young, happy, full-of-life, friendly, and funny human being. He was working on his professional career and was excited to live with us in Austin."

Martin Gutierrez and Whitney Rutz (Whitney Rutz/Facebook)
Martin Gutierrez and Whitney Gutierrez (Whitney Gutierrez/Facebook)

"He had moved here in January 2018 from west Texas. He would give the shirt off his back for anyone. He loved working out at the gym and loved watching movies. He and my husband spoke in “movie quotes” often," she said. 

Martin Gutierrez was described as having been a happy and friendly man (Image provided by Whitney Rutz)
Martin Gutierrez was described as having been a happy and friendly man (Image provided by Whitney Gutierrez)

Whitney and others have spoken at the city council that is run by the mayor. "Council member “Zo” has been a huge advocate and help for the changes being made downtown. The project is underway and the proposition was approved. The mayor was receptive to our speeches, it seemed," Whitney said.

'We are concerned about the lack of cameras and surveillance at the bars'

Whitney claimed a project is underway for safety chages, but nothing much has been done at this time. She said there is just a temporary fence and about four lights, of which one hardly works. Surveillance, she said, may have increased to some extent now.

Talking about what changes they think could help improve the situation, Whitney said, "We are very concerned about the number of druggings happening on Rainey, and also the lack of cameras and surveillance at the bars. We are working on partnering with companies to sponsor drink caps and possibly straws that change color with drugs. For safety downtown, we have attended multiple city council meetings and there is now a project underway to increase lighting, cameras, and surveillance on the trail." Whitney added that it is time for authorities to take things seriously.

Police say there is no evidence of 'foul play'

The Austin Police Department has dismissed claims that a serial killer is behind the deaths. "The Austin Police Department is aware of speculations regarding the recent drownings in Lady Bird Lake. Although these cases are still under investigation and evidence is being analyzed, at this time, there is no evidence in any of these cases to support allegations of foul play. While each incident has occurred at the lake, the circumstances, exact locations, and demographics surrounding these cases vary. Our investigators approach every case with an open mind and objectively examine all available evidence," the department said in a statement.

"We work closely with the Travis County Medical Examiner's Office, which conducts a parallel investigation into all deaths. The Medical Examiner performs autopsies in each of these types of death investigations. The results of these autopsies have not revealed any trauma to the bodies nor indication of foul play," it added.

"One common theme of the drownings in Austin this year is the combination of alcohol and easy access to Lady Bird Lake, which has numerous access points. Many of the access points can be challenging to see at night. The parks in which most of these drownings have occurred are park areas that close at 10:00 pm and occur after the park closes. We advise the public to follow the rules on park closures," the department concluded. 



 

"The Austin Police Department's statement was so insulting to the families of the victims. They need to actually take this seriously and stop ignoring that there is something happening. This is more than just a mix of alcohol and being near a body of water," Whitney said.

"I want the families of the victims to know that we are in this together. We are not giving up. We will continue working towards finding answers and increasing safety downtown. We will honor and fight for our loved ones," she concluded.

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