Campbell police have arrested five suspects for their violent attack on a transient man in a city park last month. The men, all affiliated with a local Sureno criminal street gang, have been charged by the Santa Clara County District Attorney’s Office with murder after the transient, fearing for his life during the unprovoked beating, stabbed to death one of the group.
Under the "provocative act" doctrine, a person can be guilty of murder even if someone else did the actual killing. The provocative act doctrine applies when a person did not actually do the killing, but caused a third party to kill in response to his or his accomplices' life-threatening act.
The defendants have each been charged with murder, assault with a deadly weapon, assault with force likely to produce great bodily injury and each charge alleges a gang enhancement. The two juveniles have been charged as adults.
The defendants are: Anthony Fernandez, 20, of Stockton; Joshua Mauricio, 18, of San Jose; Alejandro Sandoval, 18, of San Jose; Julio Ibarra, 17, San Jose, and Brallan Villegas, 17, of San Jose.
They were arraigned this afternoon, April 2nd at 1:30 pm. If convicted, they face 15 years to life in prison.
On Sunday, March 16, 2013, at approximately 8:30 pm, the Campbell Police began investigating the attack in John D. Morgan Park that lead to the hospitalization of a 24-year-old transient and the death of 16-year-old Ivan Diaz.
Police believe that the group attacked the transient, knocking him to the ground and kicking and punching him repeatedly on his head and upper body.
Believing that he was going to be seriously injured, if not killed, the citizen defended himself with a knife, by swinging it one time toward one of the subjects who was kicking him in the head. Diaz was wounded. The group then fled the scene, taking Diaz to Valley Medical Center where he later died of his injuries. The victim was treated for his injuries and released.
On Friday, March 28, 2014, Campbell Police Officers, with the assistance of the Santa Clara County Specialized Enforcement Team and the Los Gatos Police Department, served search warrants at the five suspect’s homes. All five suspects were arrested at that time and evidence was seized.
The Campbell Police Department understands the magnitude of this incident not only to the family of the 16-year-old victim, but the community as a whole. The Campbell Police Department is committed to keeping the community safe and will not tolerate gang violence.
The Campbell Police Department asks that anyone with information regarding the incident contact the Campbell Police Department Investigations Unit at 408-871-5190. Those wishing to remain anonymous can also contact the Silicon Valley Crime Stoppers at 408-947-STOP (7867).
