5 suspected gang members arrested in fatal stabbing of 15-year-old at Santana Row, SJPD says

SAN JOSE, Calif. (KGO) -- San Jose police said Monday that five people have been arrested in the fatal stabbing of 15-year-old David Gutierrez at Santana Row on Valentine's Day.

Police say that the suspects were all gang members, but Gutierrez had no gang affiliation.

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Police said he was in the "wrong place at the wrong time."

A 13-year-old Campbell boy is suspected of carrying out the stabbing. He was booked into juvenile hall on homicide and felony assault charges, police said.

"There's nothing more disturbing than kids killing kids," San Jose Mayor Matt Mahan said. "No kid should go to the mall and be scared that they are not going to make it home. David Gutierrez deserved better."

Three 16-year-olds were also booked into juvenile hall for felony assault. An 18-year-old, Emanuel Sanchez-Damian, was arrested on Feb. 21 and booked into the Santa Clara County Jail on suspicion of felony assault.

The names of the younger suspects, including the 13-year-old boy who is suspected of stabbing Gutierrez to death, are being withheld due to their ages, as required by law.

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If convicted, the 13-year-old who allegedly stabbed Gutierrez is unlikely to spend more than eight months in a ranch-like institution for juveniles, San Jose Police Chief Paul Joseph said.

"This act was as senseless as it was heartbreaking," Chief Joseph said. "It was a tragedy that has shaken our community, and it demands that we speak honestly about the challenges that we face in our juvenile justice system."

The five are suspected of "actively seeking a confrontation" that night, according to Joseph, and confronting Gutierrez, who wasn't in or affiliated with a gang, about gang activity.

They then allegedly assaulted him, but Gutierrez was able to get away briefly before the 13-year-old allegedly chased him down and stabbed him, Joseph said.

Changes to California law have led to lesser punishments for juveniles suspected of crimes, even for homicide.

As a result, Mayor Mahan says more crimes are being carried out by children - especially when it comes to gang-related activities.

"Our worst gang's weapon of choice is increasingly becoming children," Mahan said. "They're handing kids the gun, the knife, the bag of stolen goods because they know they will face little consequence."

Mahan says those who fall victim to these crimes, like David Gutierrez and his family, deserve better and change is needed.