13-year-old suspect in Santana Row fatal stabbing to appear in San Jose court
Family of 15-year-old victim David Gutierrez rallied outside the courthouse in San Jose, calling for justice and change in a law that would free the young murder suspect in just months.
SAN JOSE, Calif. — A grieving family will once again rally outside juvenile hall in San Jose, calling for justice in the Valentine’s Day fatal stabbing of 15-year-old David Gutierrez.
The family wants the harshest charges against the 13-year-old accused of the fatal stabbing, which occurred while Gutierrez was on a date with his girlfriend at Santana Row.
That 13-year-old suspect was scheduled to appear in juvenile court Thursday.
Five suspects in all were arrested in the stabbing, including an adult, Emmanuel Sanchez-Damian, the only on facing charges. San Jose police say all five have gang affiliations, one of the reasons Sanchez-Damian was denied bail.
The other suspects are minors. Under California’s Proposition 57, minors 14 and older are no longer automatically transferred to adult court. And minors 13 and younger cannot be charged as an adult or do serious time, under any circumstances.
Gutierrez's family also is fighting to change that law.
The family will be at that 13-year-old’s hearing Thursday and at the plea hearing for the 18-year-old in August.