In the two months since the teenage boys were arrested after the stabbing of a 15-year-old on a Valentine’s Day date at Santana Row, one of them attacked a rival gang member in juvenile hall, another tested positive for drugs there, and a third — who has been living at home with an ankle monitor — violated the terms of his release when he went out for the evening without permission.
For the family of David Gutierrez — whose girlfriend held him as he lay bleeding to death near the movie theaters — these offenses laid out in court Thursday by a judge and uncontested by the defense demonstrate why they want more from the juvenile justice system than the months-long rehabilitation programs these boys likely face.
“It’s just insane that they’re in custody and these are the things that are happening,” David’s aunt, Diana Gutierrez, said Thursday.
In a Santa Clara County Juvenile Hall courtroom Thursday, Judge Andrea Flint set a May 29 trial date for the three boys, ages 16 and 17, on assault charges. A fourth teenager — just 13 — is charged with murder for allegedly stabbing Gutierrez when they encountered each other shortly after he and his friends allegedly beat Gutierrez to the ground. A trial date has not yet been set in that murder case. A fifth suspect, who is 18, has been charged with felony assault in adult court.
Police say all five have gang connections and accosted Gutierrez on Valentine’s Day because he was wearing a red jacket and may have assumed he was a member of a rival gang. Both police and David’s family say the teenager had no gang involvement and instead, after being dropped off at San Jose’s upscale shopping center by his mom, was simply celebrating the holiday and out for a special date night with his girlfriend.
On Thursday, David’s aunt, along with David’s mother who is keeping her identity confidential because she fears for her safety, and other friends and family protested outside Juvenile Hall as they have before every hearing in the case. They are trying to call attention to what they believe is lenient treatment of minors, especially in murder cases.
Last month, they invited San Jose Mayor Matt Mahan and San Jose Police Chief Paul Joseph into their family’s Redwood City home to show them the altar they made honoring the 15-year-old and to ask for their help in pursuing their cause in Sacramento. Mahan and Joseph spent more than an hour with them, the aunt said.
The mother of David Gutierrez, takes part in a rally with family members and supporters outside of the Santa Clara County Juvenile Center on Tuesday, March 18, 2025, in San Jose, Calif. David Gutierrez ,15, was killed in a stabbing at Santa Row on Valentines Day. (Aric Crabb/Bay Area News Group)
“It warms my heart to see people care,” David’s mother said, “and that’s how changes happen.”
According to police reports, the five teens first got into an altercation with another couple at Valley Fair before heading to Santana Row, where they spotted Gutierrez in his red jacket. The 13-year-old threw the first punch, according to the police report that relied on security camera footage and witness accounts. One of the teens stood aside “and watched the fight very intently,” while others joined in and beat David to the ground, the report said. A security guard broke up the beating and four of the five teens ran away.
Less than a minute later, David and his girlfriend encountered the 13-year-old. David said he wanted to fight him “one-on-one,” but the 13-year-old declined, saying he already “got his hits in,” according to the girlfriend’s account in a police affidavit. When David again said he wanted a one-on-one, the report said, the boy pulled out a knife and stabbed David three times in the torso.
All five suspects were arrested within weeks. The two minor teenagers charged with assault that remain in Juvenile Hall asked Judge Flint Thursday to be released until trial, but after their violations were read in court — including the attack on the rival gang member and the positive drug test — the request was denied.
Assistant District Attorney Allyson Ortega asked the judge to remand the third minor — the one who didn’t engage in the beating — back to Juvenile Hall after he violated the rules by going out for an evening without permission. But after a stern warning and an acknowledgement that he was with his sister at the time, Judge Flint allowed him to remain with his family.
When the trial begins with opening statements May 29, then picks up again June 10, the Gutierrez family will be ready.
“We’re doing what we said we were going to do since the beginning,” David’s mother said, “which is fighting to the end. We’re pushing this to the end, which is trial.”