Juvenile Court Judge Finds 14-year-old Guilty of Fatally Stabbing 15-year-old at Santana Row on Valentine's Day

A juvenile justice judge sustained a petition alleging murder against a 14-year-old who fatally stabbed 15-year-old David Gutierrez outside a Santana Row restaurant on Valentine’s Day. The case remained in juvenile court because of the defendant’s age, so his name was not released. The next court date is July 1 for the second part of the trial, where the judge will decide whether the murder was committed for the benefit of a criminal street gang. If the judge does not make special findings to keep him in Juvenile Hall, the defendant faces six to eight months at a juvenile ranch. Prosecutors said the victim was attacked after being mistaken for a rival gang member due to red clothing, and a police gang expert testified that gang members often take clothing as trophies.

"Because of his age, the accused juvenile attacker was ineligible to be tried in Superior Court where he could have faced 15-years-to-life in prison. Because it was a juvenile court case, his name was not released. The 14-year-old will return to court on July 1 for the second part of the trial, where the judge will consider whether the murder was committed for the benefit of a criminal street gang."

"After trial, he faces a six-to-eight-month confinement at a juvenile ranch, unless the judge makes special findings to keep him detained in Juvenile Hall. "It is a frustrating day for justice, for us, and for David's family," District Attorney Jeff Rosen said in a statement. "The young attacker will go on to live his life, hopefully crime-free. David will not get that chance.""

"Gutierrez had been at Santana Row on Feb. 14 to take his girlfriend to the El Jardin Restaurant. To celebrate their day of romance, the teen boy wore red clothing, which attracted the notice of a violent street gang. Prosecutors said David was confronted by a group of five gang members who mistook him for a rival gang member due to his red clothing."

"At trial, a gang expert from the San Jose Police Department testified it is common for gang members to take clothing from their victims as trophies to show off their crimes. Although David denied any gang ties, the group of young men attacked him, beating him and slamming him to the ground. During the attack, one of the gang members snatched David's metal chain off his neck before a security guard intervened to stop the assault."

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