Family and friends of a teen stabbed to death last month at Santana Row rallied Tuesday outside Santa Clara County Juvenile Hall in San Jose, where one of the four minor suspects was released.
The family of David Gutierrez wanted to send a message to the judge to keep those suspects behind bars and not let them out of jail. One of the three 16-year-olds involved in the attack was freed from custody but must wear an ankle monitor.
"If they are willing to pick out someone unknown at random in a crowd, then everyone is at risk. Everyone in our community is at risk," said Diana Gutierrez, David's aunt.
David, 15, a student at Sequoia High School in Redwood City, was stabbed to death on Valentine’s Day at Santana Row. One adult, age 18, three 16-year-olds and a 13-year-old initially were charged in connection with the killing.
"On the day that most people celebrate love and friendship, these cowards decided to attack my favorite person in the entire world, the person that made my world shine," Diana said.
David's attackers are gang members, and David was not affiliated with gangs, investigators say. Police believe the 13-year-old boy used the knife that killed David.
Because of his age, the 13-year-old most likely will serve six to eight months at a juvenile ranch, a sentence the Gutierrez family says is outrageous.
"Being 13 years old at the time of the offense, that minor is not even eligible to be transferred to adult court, so we’re limited to the levels of accountability in the juvenile justice system," said Alex Adams, supervising deputy district attorney of the juvenile justice team. "We’re going to be creative. We’re going to be fair and just and try to find what is the appropriate solution to manage those goals of rehabilitation, accountability, and victim’s rights."
David's family questioned how that's possible.
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"It is insane to believe that a murderer will rehabilitate in the short span of eight months and that it’ll be safe to release him back into our society," Diana said.
Last Friday, a judge denied bail for the only adult charged in this case, saying he is a gang member who presents a clear and present danger.
NBC Bay Area obtained surveillance video from Santana Row that shows the attack. The 18-year-old and the four minor suspects confronted David and then assaulted him. That attack was broken up by a security guard, but the 13-year-old suspect and David met up again later, and David was stabbed in the heart, police say.
Police believe David was targeted because he was wearing red, the color of the suspects' rival gang.
"David was the victim of a random attack simply because he wanted to be festive and wear red clothing like most of us did on Valentine’s Day," Diana said.
