Tribune reporting embarrasses Atascadero police chief

April 2, 2025

By KAREN VELIE

An 11-year-old Atascadero boy lost his life in a tragic hit-and-run accident last month that led to a misinformation campaign by the daily newspaper with many questions left unanswered.

Who is the man accused of manslaughter in the death of 11-year-old José Gutiérrez?  Was the driver on drugs at the time of the crash? How did CalCoastNews reporters know the suspect had been arrested? What were the initial charges?

CalCoastNews interviewed multiple sources, including friends of the suspect, attorneys and law enforcement to provide answers to these questions.

Worlds are turned upside down

The suspect, 31-year-old Zachary Bernal, had been arrested several times on petty theft or drugs offenses more than a decade ago in Santa Cruz County. He currently works as a handyman for a local property owner.

Several days before the fatal crash, Bernal’s 11-year-old son finished his last chemotherapy treatment, followed by a full body scan that discovered new tumors in his son’s brain and foot.

Shortly before 3 p.m. on March 14, Gutiérrez and a friend were walking home from Atascadero Middle School on El Camino Real when a truck drove onto the sidewalk and hit and killed Gutiérrez. His friend was not physically injured.

The driver fled the scene.

With the help of community-provided video footage, officers located the suspect’s truck, which had been abandoned behind an apartment building a few blocks away from the crash site.

The truck was registered to Bernal.

Bernal went to a friend’s home nearby following the crash.

Officers closed off a section of southwest Atascadero as they went door to door searching for Bernal. Residents of a home on Seville Lane told officers he was in their garage.

After asking the residents to step outside, officers yelled at Bernal to leave the garage, activity witnessed by a CalCoastnews reporter. Officers then arrested Bernal on charges of being under the influence of fentanyl and DUI, an action reported by CalCoastNews on the evening of March 14.

On March 16, Gutiérrez’s family posted a GoFundMe page seeking help with expenses to take their son’s body to Mexico. The page has raised $21,492 as of Wednesday afternoon.

“Hello, the Gutiérrez Orozco family, we are raising funds for our late son, who was injured in an accident yesterday afternoon,” according to the GoFundMe page. “He will be transported to Mexico, which is the cost. Anything you would like to donate will be a huge help. Thank you. God will reward you!”

Bernal is currently facing charges of vehicular manslaughter, hit and run resulting in death, and possession of a controlled substance. He pleaded not guilty on March 18 and remains in jail with his bail set at $1,010,000.

Tribune reports inaccurate information, blames CalCoastNews

On the evening of March 14, the Tribune published an article titled, “Child killed in hit-and-run crash on El Camino Real in Atascadero; no arrests yet,” in what appeared to be an attempt to disparage CalCoastNews’ earlier article that reported the suspect had been arrested.

After learning officers had arrested Bernal on March 14, the Tribune posted an article three days later reporting CalCoastNews’ March 14 article was inaccurate and unethical.

“On Monday (March 17), the police chief called out the early reporting in the wake of the incident — specifically a story by Cal Coast News that said there was an arrest in relation to the crash — saying it was misleading and inaccurate,” Tribune reporter Chloe Jones wrote.

However, the CalCoastNews article did not say the suspect had been arrested in “relation to the crash,” as Jones reported.

“’I am disappointed that Cal Coast proceeded with this report without proper verification,’ Chief Suttles said,” according to the Tribune. “‘Prioritizing being first over being accurate — especially in a case of this magnitude — is both unprofessional and irresponsible.’”

CalCoastNews then contacted the police department to ask what was inaccurate in the article. The chief’s assistant was surprised when she discovered the article that Jones was questioning did not say Bernal had been charged in relation to the crash.

After reviewing the CalCoastNews’ article, Atascadero Police Chief Daniel Suttles admitted the CalCoastNews article was completely accurate. He noted it was a stressful time and that he was relying on false assertions when he responded to Jones.

Even though Suttles’ emails to the Tribune disparage CalCoastNews for not confirming the arrest before writing the article, he later said reporters are not required to seek law enforcement’s approval before writing about an arrest they witness, as asserted by Tribune reporter Jones.

During a series of emails, Jones asked the chief multiple times what the initial charges were, but then dropped the request for information as she focused on CalCoastNews’ reporting.

Email exchanges between reporter Jones and Chief Suttles

March 15, 3:23 p.m. from Jones: “Hello. Cal Coast News is saying there was an arrest made, but Terrie said there has not been an arrest. Can you please clarify this?”

March 15, 3:40 p.m. from Suttles: “Cal Coast News jumped to conclusions. The arrest mentioned was not directly associated to the investigation.

March 15, 5:06 p.m. from Jones: “What were the circumstances of the arrest Cal Coast News was talking about? And what were the circumstances/ what led to Bernal’s arrest?”

March 17, 8:58 a.m. from Jones: “I wanted to follow up on this. There’s a lot of confusion in the community regarding how this arrest happened.”

March 17, 10:03 a.m. from Suttles: Thank you for following up. In criminal investigations, there are many reasons why law enforcement may not be able to share all details with the public immediately. Information can evolve rapidly, especially in the early stages, and premature reporting can sometimes lead to confusion. Additionally, some details are withheld until their relevance is fully understood or to prevent any negative impact on the case. In some situations, releasing certain information publicly may inadvertently provide critical details to potential suspects, which can hinder the investigation.

“Regarding the hit-and-run case, it was not appropriate at the time to disclose all investigative details. My responsibility is to balance transparency with protecting the integrity of the case.

“The individual arrested that night was taken into custody on charges unrelated to the hit-and-run. However, he was a person of interest in that investigation. Reporting that he was arrested for the hit-and-run conveyed a misleading message to the public, potentially reducing the sense of urgency in assisting law enforcement. As you may recall, we issued a public request the following day seeking additional information and evidence. A premature report suggesting the case had already been solved may have hindered our ability to gather that crucial assistance.

“The information Cal Coast reported was not verified by law enforcement and turned out to be incorrect. This had the potential to negatively affect the investigation. Given the severity of this crime, the dissemination of inaccurate information is especially concerning.

“I am disappointed that Cal Coast proceeded with this report without proper verification. Prioritizing being first over being unprofessional and irresponsible. The role of the media is critical in supporting public safety, and I hope greater care will be taken in the future to ensure accuracy before publication.

“Thank you again for your inquiry. Please don’t hesitate to reach out if you need further clarification.”

March 17, 10:29 a.m. from Jones: “Thank you, I completely agree that accurate information is imperative in cases like this.

“So just to clarity, was Bernal arrested on unrelated charges first (please include the date? then later found to be the driver of the hit and run vehicle? If so, what were those unrelated charges and are you able to disclose what prompted police to investigate him in the first place

“I see on the sheriffs website that the only suspected charges he is being held on at the moment is hit and run causing death and driving under the influence. Are you able to say whether the DUI was drug related or alcohol related?

“Let me know any information you are able to. We just want to make sure we have a clear and accurate record of events to help inform our readers.”

March 17, 5:34 p.m. from Jones: “I have one final Q regarding this – did you or anyone in APD or the city reach out to CCN regarding your concerns? Did she ever reach out to you to verify whether an arrest was made?”

March 17, 8:47 p.m. from Suttles: “To my knowledge no one in my department has reached out to her with our concerns. I certainly haven’t. She did not reach out to me, or anyone in the department to verify the arrest.”

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