In April 1870 he was convicted of the crime of flagellation against guard Luis Montejo, although he returned to active service during the government of José Balta, whom he served along with his three brothers.

[2] The Gutiérrez colonels, dissatisfied with the triumph of Manuel Pardo, the first civilian to win the presidential elections in 1872, plotted a coup against President José Balta.

Meanwhile, Major Narciso Nájar, Captain Laureano Espinoza and Lieutenant Juan Patiño, broke into Balta's room and shot him to death while he was sleeping.

[2] The aforementioned statement is the matter of controversy, as it is alleged that Marceliano interceded with Tomás to embark Balta on a ship (that was ultimately delayed) that had to leave Callao on July 24, with a bag of money with travel expenses, which would demonstrate that the brothers' intention was to preserve his life.

In the event that the murderers had acted on their own, it is possible that Nájar's background played a role, as he was a personal enemy of Colonel Balta, since being his subordinate in an army corps he had suffered the penalty of flogging.