San Jose family of 15-year-old stabbed to death on Valentine's Day wants max punishment

SAN JOSE, Calif. - The family of a San Jose teenager who was stabbed to death on Valentine's Day held a rally Tuesday outside juvenile hall, asking for the most severe punishment for a 13-year-old alleged gang member accused of killing him.

They made their voices heard before an 8 a.m. court hearing for some of the suspects. Some carried signs saying the 13-year-old "is not a juvenile, he's a murderer." 

The family posted on Instagram that they are coming together to "demand that these dangerous individuals" remain behind bars. The rally is planned for outside the Santa Clara County Juvenile Hall on Guadalupe Parkway. 

David Gutierrez was on a date with his girlfriend on Feb. 14, wearing red, while at Santana Row in San Jose.

Five young alleged gang members approached David, saying they had a problem with him wearing red, and stabbed him to death, police said. A 13-year-old from Campbell was the main suspect, stabbing David three times, police said.

David, a boxer, died in the hospital. 

David S. Gutierrez, pictured left, was stabbed to death on Valentine's Day in San Jose. (GoFundMe)

Police said David had never been in a gang, and he did not know the teens who allegedly killed him.

One 18-year-old, Emanuel Sanchez-Damian of Campbell, was arrested on suspicion of felony assault in David's death; the other four are juveniles and are being held at juvenile hall.

The suspects are allegedly members of the Varrio Sureno Town gang, a subset of the Sureños gang. Authorities said the 13-year-old suspect is a seventh-generation member, according to court documents.

David's family says they want justice, after hearing from San Jose's police chief, who said at a news conference that it's possible the 13-year-old could spend as little as eight months in an unlocked ranch facility because of California's protections in place for minors.

In California, juvenile judges have almost complete discretion in how they sentence minors. It's true, a judge could sentence a 13-year-old to eight months. However, it's also possible that a 13-year-old charged with murder could serve the maximum punishment of being incarcerated until he is 25 years old. 

In California, 13-year-olds cannot be charged as adults.