A juvenile court judge Wednesday affirmed that two accused teens had assaulted 15-year-old David Gutierrez moments before another boy stabbed him to death as he awaited a Valentine’s Day dinner reservation with his girlfriend, setting them up for a sentencing in August.
Judge Andrea Flint’s verdict means the two boys, 16 years old at the time, could face 6 to 8 months locked up at Santa Clara County Juvenile Hall or at a youth rehabilitation ranch. Flint did not find that a third accused boy who was present at the beating committed assault. The murder case against the 13-year-old accused of stabbing David is still pending.
David’s family, including his parents and aunt who spent many mornings before hearings with more than a dozen friends, relatives and a bullhorn protesting what they consider a juvenile justice system that’s too lenient on young criminals, said Wednesday they were pleased with Judge Flint’s verdict.
Diana Gutierrez, center, 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. Diana Gutierrez’s nephew David Gutierrez ,15, was killed in a stabbing at Santa Row on Valentines Day. (Aric Crabb/Bay Area News Group)
“It’s a little bit of relief because this trial has been hard,” said David’s aunt, 27-year-old Diana Gutierrez. “It’s been a lot of pushing from my family, and it feels like the days that we were up here really early and rallying everyone together, I feel like it meant something. I feel like us yelling out of our lungs, it meant something.”
The assault and killing shocked the community and outraged David’s family, both by the young ages of the suspects and the location of the tragedy. Santana Row is an upscale, outdoor mall with luxury shops and expensive restaurants — and surveillance cameras everywhere that caught much of the confrontation.
After the verdict, Assistant District Attorney Allyson Ortega said in a statement that her office appreciates David’s family’s “unwavering support” and “their dedication in seeking justice for their loved one.”
“We are thankful for a just verdict which will serve the dual purpose of accountability and rehabilitation for these minors,” Ortega said.
The defense lawyers for the three teenagers declined to comment Wednesday.
The three teens all were charged with two counts of assault and two counts of robbery for the beating of David and the robbery of the gold chain he was wearing around his neck at Santana Row, and for another beating of another young man at Valley Fair mall across the street, whose shoes were stolen off his feet, shortly before the group headed to Santana Row. Both assaults were captured on mall security cameras. The trial lasted several weeks.
Although Judge Flint found the third teen responsible for the Valley Fair charges, she didn’t sustain them in David’s case, where security cameras showed him standing next to the group as they hurled fists at the teen.
Authorities say that David was targeted by the suspected gang members because he was wearing a red jacket — a rival gang color — even though David had no gang ties and was wearing the jacket for the festive holiday. Another hearing is planned Thursday to discuss possible gang enhancements.
David, a sophomore at Sequoia High School in Redwood City, was often praised by his teachers, his family says, and tutored younger kids in boxing when his coach was away. Too young to drive, his parents dropped him and his girlfriend at Santana Row for their date.
The surveillance videos were played in court during the trial and showed David, waiting for his dinner reservation with his girlfriend, fiddling on his phone when confronted by a group of five teenagers across from the Santana Row theaters. His hands were in the pocket of his red jacket shortly before one of the teens — police say it was the 13-year-old — threw the first punch.
Others joined in, beating him to the ground. One of them appeared to yank a gold chain from David’s neck. Because they are juveniles, the court doesn’t release their names. Emmanuel Sanchez-Damian, however, was at 18 at the time he was accused of the beating and has been charged with a felony in adult court.
According to a police affidavit, a security guard broke up the beating and the five teens fled. But within a minute, David encountered the 13-year-old and challenged him to a “one-on-one,” his girlfriend told police. The 13-year-old declined, saying he already got his “hits in,” the affidavit said. But when David pressed him, it said, the teen took out a folding knife and stabbed him three times.
Last week, Santa Clara County District Attorney Jeff Rosen said he believed that if a judge finds that the 13-year-old did murder David, he should face harsher consequences than the ones currently allowed — up to 8 months at a youth camp. Instead, Rosen said he will argue that he be treated as a 14-year-old who can be incarcerated for years in Juvenile Hall. The boy is 14 now.
In juvenile court, judges don’t find “guilt,” but instead determine whether the charges are “true,” which Judge Flint did on Wednesday. The next hearing for the 13-year-old is scheduled for August 18.
