San Jose

San Jose family frustrated after seeing unhoused man who allegedly attacked teenager released

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A San Jose family is angry and frustrated after they claim an unhoused man accused of attacking their 15-year-old son was spotted less than a day after his arrest.

The victim, Tyler Kintz, and his mother, Michelle Martinez, said they spotted the alleged attacker walking in their neighborhood Saturday morning. When they spotted him, they took their concerns directly to Mayor Matt Mahan.

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"He socked me as hard as he could and everything went black," Kintz said.

Mahan met with Kintz and his family for about 15 minutes and said he was frustrated that the suspect was already released.

"If you attack a 15-year-old on his way to school, you shouldn't be back on the streets 24 hours later," Mahan said. "You should be in a secure treatment facility, detoxing and getting medical care and facing accountability to turn your life around."

Martines had taken a photo of the suspect being arrested for a hate crime and battery on Friday. Upon spotting him again, she took another photo.

"It's disappointing that this morning the man who assaulted me yesterday and called me a slur is back out here ready to terrorize the community once again, and maybe he’ll kill somebody next time," Kintz said.

The mayor said he is now calling for the city, county and state to work together to provide more secure treatment options.

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Additionally, Mahan has proposed a plan to possibly arrest the unhoused if they repeatedly refuse housing.

"I proposed a responsibility to shelter policy to prevent situations like this," he said.

Kintz's mother sustained a black eye when he knocked into her after he was hit on Friday while walking to school.

Martinez said she's not only worried about her son's safety but also for all kids in the community.

"I'm terrified," she said. "What if he does it again? Or worse, stabs someone."

Mahan said he plans to coordinate a meeting with the victim's family to talk about how police handled the situation and wants the family to share their stories with the Santa Clara County supervisors.

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