SAN JOSE, Calif. (KGO) — Five days after a shooting at Valley Fair mall that injured three and plunged thousands into chaos and fear, the juvenile suspected shooter started what may likely be a very long and impactful court proceeding.
Santa Clara County District Attorney Jeff Rosen has charged the 17-year-old with attempted murder for the benefit of a criminal street gang, personal use of a firearm and two counts of assault with a deadly weapon causing great bodily injury.
Rosen is also seeking to transfer this case to adult court, where a maximum sentence could be 30 to 40 years in prison.
“Three-to-five years in a juvenile facility does not reflect the seriousness, the violence and the dangerousness of this shooter’s conduct,” Rosen said. “Let’s face it – we were inches away from a murder and a few feet away from a mass murder.”
Rosen said he understands juveniles should be treated differently in the criminal justice system, given factors like maturity and brain development.
But the suspect’s criminal history and the seriousness of the shooting makes Rosen believe the teen needs more time to rehabilitate before rejoining the community.
RELATED: San Jose police arrest teen suspect in Black Friday triple shooting at Valley Fair Mall
“Other people have rights too and the people that are going shopping the day after Thanksgiving have the right to feel safe and secure,” Rosen said.
San Jose Police Chief Paul Joseph and San Jose Mayor Matt Mahan have called for changes to be made after a rise in gang violence.
The shooting that happened on Black Friday is one of two acts of gang-related violence at San Jose malls this year.
In the last one, the person accused of killing the victim is also a juvenile.
Earlier this year, on another holiday and at another public space in San Jose, 15-year-old David Gutierrez was stabbed to death at Santana Row. He was on a date on Valentine’s Day – an innocent bystander. Police arrested five suspected gang members, ranging in age from 13 to 18.
MORE: 1 teen suspect involved in deadly Valentine’s Day stabbing at SJ’s Santana Row released from custody
“David was a beautiful person and they took him from us and they could’ve taken many lives that night, so our question to our lawmakers is what is it going to take for them to make changes in our law? How many more lives do we need to lose? How many more families need to be destroyed so that we can see real change?” David’s aunt, Diana Gutierrez, told ABC7 News on Tuesday.
For months, the Gutierrez family has been seeking stronger punishment for juvenile offenders, pushing to amend Proposition 57. They say sentences that can include months at an open ranch, probation, and an ankle monitor are not real consequences.
“They’re coming back out feeling stronger, fearless, and untouchable and they’re attacking the community; they’re not attacking each other,” David’s mother, Veronica Gutierrez, said. “I hope that we have better answers from the judge and that he gets an appropriate sentence for what he did.”
Legal analyst Steven Clark says changes to the California legislature took the power from district attorneys to decide whether or not a case is transferred and gave control to judges.
Whether or not this case ends up in adult court remains to be seen and will take weeks or months.
MORE: San Jose couple opens home to dozens of fleeing shoppers after Black Friday mall shooting
But Clark says the shooting could lead to changes in the juvenile justice system.
“Clearly, the district attorneys across California as well as many community leaders feel that the juvenile system has not worked to protect the community,” Clark said. “And it’s high-profile cases, like what happened at Valley Fair, could cause the Governor and legislature to take another look.”
At the prevention and intervention level, social justice nonprofit Fresh Lifelines for Youth started in Santa Clara County 25 years ago. They help young people aged 11 to 25 years old with legal education and mentoring.
Nicole Arriaga is the Director of Santa Clara County Programs for ‘FLY.’
“We just need to make sure that these vital programs continue to get funded,” Arriaga said.
MORE: SJ community group responds to rising youth gang violence with month of events
Kris Scott, the Managing Director of Programs for FLY, said with school consolidations, organizations like theirs are filling the gaps for social workers and counselors.
He said consistency is key.
“It sounds so simple, right? It sounds so easy, but not everybody does these things, and these are the things that are necessary to work with young people who are facing so many, so many staggering things in our community,” Scott said.
The three adults charged with harboring the suspect after the fact appeared in court on Wednesday for their initial arraignment.
As for the suspect himself, he will be back for his next hearing on December 15.
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