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Defendant Sentenced in Fatal Gerstle Park Gang Fight

A 20-year-old San Rafael man could still face deportation after he was sentenced to five years probation on Wednesday.

A 20-year-old man involved in a fatal gang fight last year was sentenced to five years of probation but could still face deportation, the Marin Independent Journal reports.

Judge Paul Haakenson believes that Carlos Eduardo Gutierrez was not the initial aggressor in a gang fight last May that ended with the death of 21-year-old Jeffrie Lee Olmstead of Corte Madera, the IJ reports.

Gutierrez is still subject to an immigration hold federal authorities placed on him last year after his arrest. He has five days until he knows if he will be called for deportation proceedings, where he could be sent back to Mexico.

On May 11, 2011, Gutierrez along with the then 17-year-old Bryan Sandoval Rocha that began at the and ended in Gerstle Park. Olmstead was stabbed during the skirmish and was pronounced dead at .

In December, , saying they acted in self-defense. Gutierrez plead guilty to one count of battery and Rocha plead guilty to one count of assault and one count of engaging in gang activity, according to Rocha's attorney Steve Shaiken.

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