Halloween Shooting in San Jose

therehego · 10:15 PM

Quote:

The four gang members accused of shooting a 12-year-old boy and stabbing his 13-year-old friend on halloween night all confessed to police that they carried out the attack, protecting their gang turf even though they had no evidence the young trick-or-treaters belonged to a gang, according to a report released thursday by san jose police.

Now, the three teenagers and an 18-year-old milpitas man face attempted murder charges, appearing briefly thursday afternoon in santa clara county superior court, bearing tattoos and wearing jail garb. The stakes could yet escalate to murder charges for some of the defendants, as the 12-year-old shooting victim is clinging to life in a hospital. The 13-year-old victim is now recovering at home.

With community outrage over the attacks swirling around the case, district attorney dolores carr announced she would try the three juvenile defendants as adults, a move applauded by mayor chuck reed. "I think that's a good thing," reed said. "we want justice to be done. And it will be done."

The three juvenile suspects are: Hugo torres, 15, erik diaz, 16, and diego gutierrez, 16. The fourth suspect is eduardo cristobal. Judge jerome nadler postponed their arraignments until nov. 12 so they can enlist public defenders to represent them.

The defendants appeared to have some supporters during thursday's brief hearing, including two young women who wept and clutched each other when the purported gang members were ushered into court by bailiffs.

Carr said her office chose to charge the juveniles as adults because of a combination of factors, including their gang membership and the fact it was "an unprovoked group attack" on the two trick-or-treaters. The defendants face a maximum sentence of life in prison. The suspects all admitted carrying out the crime in statements to police in the days following the attacks, according to police documents made public thursday.

The defendants said they were sureño gang members who attacked the young victims while on the hunt for rival norteño gang members. The san jose police report says the two victims were "not wearing norteño gang indicia."

The talk at lee mathson middle school, where the victims attend, has been that the attack occurred because one of the trick-or-treaters was wearing a pair of nike cortez sneakers, a style favored by gangs. Orlando ramos, mathson's principal, said he was not surprised by the confession that it was gang-related.

"i'm glad they are off the streets," he said. "this is what gangs do. I'm not surprised that they committed this violent act. These kids must have nothing going for them in their personal lives, no direction."

police unraveled the crime the day after halloween, when diaz was linked to the attack because he was treated at valley medical center for a stab wound. The police report states he was inadvertently stabbed by one of his fellow gang members during the assault.

Diaz was the first of the defendants to give his account to police, telling them that cristobal drove them to poco way and sunset avenue, near the scene of the assault. Diaz, and later other defendants, asked the two boys what gang they belonged to, cornering them in the belief they were norteños.

Diaz, according to the police report, said torres stabbed one of the victims, and accidentally stabbed diaz in the process. In diaz's account, gutierrez and torres were assaulting both victims when he heard a gunshot. "suspect diaz explained that he is not sure if torres or gutierrez was the shooter because he never saw a gun," the police report said.

Police, however, say when they arrested gutierrez and searched his home the next day, a shirt was found with gunshot residue. Torres, when he was arrested, was found with bloody clothes, the report said.

According to the report, both gutierrez and torres confessed to police that they took part in the attacks, although the report gives no indication who fired the gunshot.

Cristobal, according to the report, admitted being at the scene as a "lookout" for the police.

City and community leaders, including reed, city councilwoman nora campos and police chief rob davis, gathered thursday at the alum rock youth center, calling for a strong community response to the halloween attack.

City leaders have organized a community meeting on gang prevention at lee mathson middle school on tuesday. The san jose police officers' association has set up a fund for the victims' families.

At an evening vigil, about 150 people marched through east san jose, holding candles and carrying banners that read, "stop the violence." along the way, the procession stopped at the site where the two boys were attacked. "i'm here because i have small children who walk to school and i'm worried about what might happen to them," said reyna flores, 40.

Osvaldo ruelas, 18, grew up on these streets. "i want it to be safe — not just for me, but for everyone," he said. "the violence has just got to stop."

fixed

tycoonist · 11-06-2009, 04:02 AM

rats always gettin niggas younger than them. this was a little over the top though

fuckyou14 · 11-06-2009, 04:19 AM

Them scraps dont wana see me on the streets bitch they pussy picking on lil kids!

SCOOBY DOO · 11-06-2009, 09:28 AM

Well that makes alot more sense because it was East San Jose I just assumed it was Nortenos who did it and I was like thats some fucked up shit.

Its still some fucked up shit but it makes sense that it was some stupid ass faggot 4 foot 2 midget scrap wanna b's attacking little kids.

TEARGAS510 · 11-06-2009, 10:31 AM

hope the lil dude survives this some fucked up shit....fukn scraps bitch ass rats thats y kno one likes those faggots always pullin sum pussy ass shit runnin away when shit gets thick n dumpin on little kids..this jus makes me hate scraps more than i already do and i dont even bang..