Eagle Pass City Council Approves Settlement of Wrongful Death Lawsuit of Augusto Gutierrez
By Jose G. Landa, Copyright 2026 Eagle Pass Business Journal, Inc.
The Eagle Pass City Council voted Tuesday, September 1, 2026, to proceed with a settlement agreement in the wrongful death lawsuit filed by the family of 18-year-old Augusto Gutierrez, who died during the devastating flash flooding of May 2025.
During its regular monthly meeting, the City Council discussed the pending litigation with its attorneys in executive session.
Once back in open session, Council members voted to proceed with the settlement agreement as presented during executive session.
The financial terms of the settlement were not publicly disclosed.
The lawsuit, filed in the 293rd Judicial District Court of Maverick County by Gutierrez’s parents, Oscar Augusto Gutierrez and Norma Gutierrez, sought monetary relief exceeding $1 million.
According to the family’s petition, Gutierrez was driving near Roosevelt and Austin streets on May 8, 2025, when severe storms brought heavy rainfall and rapid flooding across Eagle Pass.
The lawsuit alleges runoff from Roosevelt Street was directed into a large public drainage canal and Gutierrez’s vehicle became trapped in rising water. He appeared to have attempted to escape before the force of the floodwaters swept him and his vehicle into the canal.
Emergency personnel conducted an extensive search using drones, K-9 units and dive teams. Gutierrez’s vehicle was later discovered lodged beneath a bridge near Travis and Wilson streets. His body was recovered May 10, 2025 near International Bridge II.
The family alleges the city created and operated a drainage system that directed large volumes of fast-moving runoff into the canal and failed to install guardrails, protective barriers or warning systems despite allegedly knowing the area presented a danger during heavy rainfall.
The family further contends the city had received previous reports involving flooding, swift-moving water and concerns regarding the absence of safety measures.
Those assertions remain allegations and have not been proven in court.
The lawsuit sought compensation for funeral and burial expenses, mental anguish, grief, loss of companionship and other damages.
The City of Eagle Pass generally denied the allegations in its original answer and asserted governmental immunity and other protections under the Texas Tort Claims Act.
The city also argued the incident resulted from an “Act of God” or unavoidable accident caused by intense and sudden rainfall and maintained that the damages alleged by the family were not caused by any act or omission by the municipality.
Court documents show the family designated an accident reconstruction specialist and identified law enforcement personnel and city officials as potential witnesses concerning the investigation and circumstances surrounding Gutierrez’s death.
The case had been ordered to mediation and was scheduled for a September 1, 2026 docket call, with a trial period beginning September 14 if the parties were unable to reach a settlement.
Tuesday’s City Council vote now moves the litigation toward resolution through a settlement rather than trial.
However, because the agreement was presented during executive session, its financial amount and other terms were not publicly disclosed during the meeting.
