A juvenile justice court judge in San Jose found a minor guilty Friday of fatally stabbing a 15-year-old outside a Santana Row restaurant on Valentine’s Day last year.
David Gutierrez was taking his girlfriend to El Jardin Restaurant and wearing red clothing “to celebrate the day of romance,” prosecutors said.
The color attracted the notice of five gang members who mistook him for a rival gang member, according to the Santa Clara County District Attorney’s Office.
The minor who stabbed Gutierrez was 14 and ineligible to be tried in adult court, where he could have faced 15 years to life in prison, prosecutors said.
His case will return to court on July 1, where the judge will consider whether the murder was committed for the benefit of a criminal street gang, according to prosecutors.
The minor faces six to eight months of confinement at a juvenile ranch, unless the judge makes special findings to keep him detained in Juvenile Hall, prosecutors said.
“It is a frustrating day for justice, for us, and for David’s family,” District Attorney Jeff Rosen said. “The young attacker will go on to live his life, hopefully crime-free. David will not get that chance.”
Minutes before Gutierrez was confronted on Feb. 14, 2025, the same gang members had assaulted a different man wearing red clothing and stolen his shoes.
“At trial, a gang expert from the San Jose Police Department testified it is common for gang members to take clothing from their victims as trophies to show off their crimes,” prosecutors said.
While Gutierrez denied any gang ties, the group beat him and slammed him to the ground. One of the gang members snatched a metal chain off his neck before a security guard intervened.
Though separated, Gutierrez and the minor, then 13, started arguing.
“The minor pulled out a knife and stabbed David multiple times in the torso, piercing his heart and killing him almost instantly,” prosecutors said.
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