SAN JOSE, Calif. (KGO) — Prosecutors are set to announce charges on Wednesday morning against the teen accused of shooting three people at Valley Fair Mall in San Jose.
A 17-year-old with alleged gang ties is suspected of shooting a semi-automatic gun inside the mall on Black Friday.
Santa Clara County District Attorney Jeff Rosen will announce his decision on whether the teen will be charged as an adult.
San Jose police say he was already on probation for a gun charge.
MORE: San Jose police arrest teen suspect in Black Friday triple shooting at Valley Fair Mall
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.
“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.
MORE: 1 teen suspect involved in deadly Valentine’s Day stabbing at SJ’s Santana Row released from custody
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.”
Trial in that case is set for February 3rd.
San Jose Mayor Matt Mahan is calling for changes to state laws.
“Gang leaders are conscious of the lack of accountability for juvenile offenders in the criminal justice system,” Mahan said.
MORE: San Jose couple opens home to dozens of fleeing shoppers after Black Friday mall shooting
Later this week, he will host some of the gubernatorial candidates, hoping to get their thoughts on criminal justice reform and other topics.
“I don’t want to see the pendulum swing back all the other way, but it doesn’t feel that we’re in a pragmatic middle ground, where we are handling the violent, repeat youth offenders accountable for changing their lives,” Mahan said.
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.
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.
San Jose Police say the teen arrested for the Valley Fair Mall shooting was already on probation for a gun charge.
Copyright © 2025 KGO-TV. All Rights Reserved.