5 Teens Arrested In Santana Row Stabbing Death

SAN JOSE, CA — San Jose Police Chief Paul Joseph and Mayor Matt Mahan are calling for stiffer penalties for juveniles who commit serious crimes following the arrests of five teen suspects in the Valentine's Day stabbing death of 15-year-old David Gutierrez.

Joseph said three 16-year-olds, a 13-year-old and 18-year-old Emanuel Sanchez-Damian were arrested last week after being identified as suspected gang members who allegedly attacked and killed Gutierrez while he was on a date along San Jose's Santa Row.

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.

"Two of the greatest headwinds we face in keeping this community safe are the proliferation of firearms on our streets and the lack of consequences for juveniles who are increasingly committing more violent crimes without recourse," Joseph said during a news conference on Monday.

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, Joseph said.

"I believe California was right to reform the juvenile justice system. Locking up young people for long periods of time for minor offenses does more harm than good," he said. "However well we sought to protect our youth from the long-term harms of incarceration for lesser crimes, we've unintentionally created a system that, in certain severe cases like this, provides virtually no meaningful consequences for the most violent and brutal cases."

On Feb. 20, the three 16-year-old boys were arrested and booked into Santa Clara County Juvenile Hall on suspicion of felony assault, while the 13-year-old was booked on suspicion of murder and felony assault.

The 18-year-old, Sanchez-Damian, was arrested on Feb. 21 and booked into the Santa Clara County Jail on suspicion of felony assault.

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.

In addition to Gutierrez's killing, Joseph ticked off a series of recent cases involving young offenders who killed people while recklessly driving stolen vehicles and who only served very short sentences even after, in one case, killing an expectant mother and her unborn child.
Mahan said it's up to the courts to now administer justice for Gutierrez and his loved ones.

"Frankly, there's nothing more disturbing than kids killing kids," Mahan said. "No kid should go to the mall and be scared that they're not going to make it home. David Gutierrez deserved better. He deserved more time."

He also said that in the past month, about 30 percent of the gang-related crimes in the city were committed by children under 18.

"I'm concerned that if we don't change the way our justice system holds young offenders accountable, we may be creating a perverse incentive for gangs to recruit children at younger and younger ages," Mahan said.

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