Diego Gutierrez was a member of the Cazadores gang. Gutierrez was busted by the late Roy Montgomery back in ’95 for a double homicide. He knew Orlando Costas, who contacted him about wanting a loan. Gutierrez was interrogated by the authorities in order to find out information about Orlando Costas. He had been in contact with Orlando, but the price of his assistance was to rejoin the gang, an option with no out. Despite his status as gang 'shot-caller' it becomes clear to Beckett and Castle, and is later proven, that Gutierrez didn't have any hand in killing his former gangmate.
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