Local News

SAN JOSE (CBS 5 / BCN) ― A 12-year-old boy who was shot in the head while trick-or-treating in San Jose on Halloween remained in grave condition Thursday as the four teenagers suspected of shooting him and stabbing his 13-year-old friend made their first court appearance.

The suspects are Eduardo Cristobal aka "Pelon," 18, of Milpitas; Erik Diaz, 16; Hugo Torres aka "Sharky," 15; and Diego Gutierrez aka "Boogie," 16, all residents of San Jose. According to police, they are all members of the Sureno gang.

The Santa Clara District Attorney's Office announced Thursday that it will charge the three juveniles as adults. All four suspects face two counts of attempted murder.

San Jose police Chief Rob Davis said not all juvenile gang members are tried as adults, but the seriousness of the case warranted the district attorney's decision.

The defendants, wearing handcuffs and plain white t-shirts, briefly appeared in Santa Clara County Superior Court Thursday afternoon amid stifled sobs from family members in attendance. They were ordered held without bail and an arraignment date was scheduled for Nov. 12 after they are appointed a public defender.

The victims, one a sixth-grade student and the other an eight-grade student at Lee Mathson Middle School, were attacked shortly before 10 p.m. Saturday in a parking lot at 2001 Story Road while they were trick-or-treating.

According to police, the victims were approached by the suspects as they were walking east on Poco Way and Sunset Avenue, an area well-known as Sureno gang turf.

Diaz and Torres allegedly cornered the two boys and asked them which gang they were affiliated with, although they were not wearing gang indicia, according to police.

Torres then allegedly stabbed one of the boys in the arm and in his back, causing his kidney to pierce and damaging his muscles and nerves, police reported.

Meanwhile Diaz attempted to punch the victim, but in the process, Torres accidentally stabbed Diaz in the upper left arm, according to police. Diaz allegedly told police that he did not see who shot the second victim, but that Torres and Gutierrez were both standing next to him after a shot was fired.

All four suspects then fled the scene. Around 10:07 p.m., residents called 911 to report the incident.

Police arrested Gutierrez on Monday at Cupertino High School.

Torres was taken into custody in the area of Jeanne Avenue also on Monday. Cristobal was arrested at his residence Wednesday. Diaz was also arrested earlier this week.

The 12-year-old boy who was shot remains in critical condition, and his friend who was stabbed is recovering at home.

Lee Mathson Middle School principal Orlando Ramos said of the boys, "They were absolutely not affiliated with gangs."

He described them as "phenomenal students with excellent attendance, never a discipline issue, high grades all around."

Ramos said the school is planning a fundraising event for the shooting victim.

The school will hold a community vigil on Tuesday, with city officials and representatives from the Police Department discussing the issue of gang violence.

"We love our kids very much and we are very devastated by this," Ramos said.

Speaking before a group of community leaders and reporters at the Alum Rock Youth Center Thursday afternoon, Davis said, "These are sons who got hurt, they're part of our community family."

Davis said that the problem of gang violence is not one that the Police Department can fight without the help of residents.

Mayor Chuck Reed reiterated that the connection with the community is vital in preventing the issue.

"This case is a classic example of older kids trying to recruit younger kids and terrorizing them," Reed said. "This is not tolerable in our community."

Councilwoman Nora Campos, who organized the news conference, said, "We will not be pushed around by a few thugs who will not respect the law."

Campos held a vigil Thursday night on the corner of Story and King Roads at Plaza de San Jose.

(© CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. Bay City News contributed to this report.)