5 arraigned in teen stabbing in Campbell

SAN JOSE, Calif.

The transient man who was attacked is still recovering from his injuries. He is the one who stabbed the teen, but he's not being charged because police say it was self-defense.

Five young men, ages 17 to 20, are all affiliated with the Sureño street gang. On Monday they were charged with the murder of one of their own, but they didn't do the actual killing. According to Campbell police, the suspects along with 16-year-old Ivan Diaz, got into an argument with 24-year-old Todd Tharp at the John D. Morgan Park on the night of March 16. The argument became violent.

"The six subjects in the group attacked the transient and began physically assaulting him pretty brutally and at that point, he retrieved a knife and in an attempt to try to defend himself stabbed one of the subjects," said Campbell Police Sgt. Gary Berg.

Diaz later died. The other attackers are now being held responsible for his death. Under the Provocative Act doctrine, they can be guilty of murder even though Tharp stabbed Diaz.

"Since he had to protect himself and ended up stabbing and killing the 16-year-old, they thereby legally can be charged with the homicide themselves because they started the altercation," said Berg.

Jameela Joiner and her 2-year-old child, Harper, moved to Campbell from Chicago about a year ago.

"Everyone told us Campbell is the safest place, and then to find out just up the street this kind of situation happened. That is kind of upsetting thinking that there would be a potential gang or congregating especially at this park," said Joiner.

Police say the attack is rare for Campbell and they're working to make sure the community is safe.

Copyright © 2023 KGO-TV. All Rights Reserved.