One of the five teens arrested in the Valentine’s Day stabbing death of a 15-year old boy at Santana Row was set to appear in court Tuesday.
Emmanuel Sanchez-Damian, 18, was the lone adult among the five suspects, but he was not the one who ultimately killed 15-year-old David Gutierrez, police said.
The suspected killer is just 13 years old and because he’s a juvenile under the age of 14, he is likely to serve just eight months or less in an unlocked ranch facility.
The other three suspects are 16, and all five are affiliated with a San Jose gang, according to police.
"Adults, gangs, are exploiting the leniency of our juvenile system, recruiting underage members to commit horrific acts of violence on their behalf," San Jose police Chief Paul Joseph said during a news conference Monday. "Why? Because they know that a 17-year-old, 15-year-old, even a 13-year-old is unlikely to face consequences anywhere near severe as an adult would for the very same crime."
A legal analyst explained that state law changed in 2019, making it more difficult to move juveniles into adult court, aiming for rehabilitation instead. This is especially true for offenders younger than 14. Over the age of 14, offenders could be held in custody up to the age of 25.
San Jose Mayor Matt Mahan is calling on state lawmakers to take another look at juvenile justice reform.
"I'm not sure that our current state laws, in fact I'm pretty confident, they don’t create sufficient accountability, particularly for those adults who are recruiting our kids to be murder weapons," Mahan said.
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As for a motive, police say Gutierrez, who was on a date with his girlfriend, was just in the wrong place at the wrong time.
