A 13-year-old boy accused in the February fatal stabbing of another teen at Santana Row in San Jose appeared in juvenile court Thursday morning for a plea hearing, but the proceeding was continued.
The plea hearing has been rescheduled for June 26 to allow the defense attorney more time for discovery, NBC Bay Area learned.
The family of 15-year-old David Gutierrez, who was stabbed to death on Valentine's Day, rallied outside the San Jose courthouse. They are outraged that the teen authorities say was responsible for the fatal stabbing is not being tried as an adult.
Police believe the suspect is part of a gang who targeted Gutierrez because he was wearing red, the color of a rival gang. Gutierrez was not affiliated with any gangs, authorities have said.
The family has pleaded with the court to not release any of the defendants who are minors. They are calling for an "urgent amendment to California laws, including Proposition 57, to ensure criminals who commit heinous crimes like murder are eligible to be tried as adults regardless of their age."
Prop. 57 stipulates that a minor younger than 14 must be tried in juvenile court.
Gutierrez's mother, who did want to be identified by name, spoke to NBC Bay Area outside the juvenile courthouse Thursday.
"I think that it's completely disrespectful for any family that is going through the situation we are going through. It’s unacceptable," she said. "We lost our loved one. And we shouldn’t have to be going here pleading, praying and hoping that someone will listen to us and give us the justice that we deserve."
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Gutierrez was a student at Sequoia High School in Redwood City. He was on a date with his girlfriend at the time of the attack.
An 18-year-old man and three 16-year-old boys were arrested in connection with the killing, police said. The judge already granted supervised release to one of the 16-year-olds despite pleas from the Gutierrez family.
"What you’re going to see is a watershed moment in juvenile justice when you look at this case," legal analyst Steven Clark said. "The community is watching, and the gangs are watching because what the police are saying is that the gangs are recruiting younger and younger individuals because they’re not being held accountable in the juvenile system. So I think you’re gonna see a review of how juvenile justice is moving forward when you deal with this kind of incident."
The Santa Clara County District Attorney's Office says that if the 13-year-old suspect is convicted, he will most likely be sentenced to a juvenile ranch in the South Bay for 6-8 months because of Prop. 57.
