A lawsuit has been filed by the mother of a 15-year-old boy, David Gutierrez, who was fatally stabbed at Santana Row, against the shopping center and its security company. The lawsuit claims the security guard intervened during the first assault but failed to protect David afterward, leading to the fatal second attack. David, targeted for wearing a red jacket on Valentine's Day, had no gang affiliations. The lawsuit seeks $10 million in damages, and the family has actively protested against lenient penalties for those charged with his murder.
"This should never have happened to David," said his mother, Veronica Gutierrez. "It's just something that I can't let go. Everything that is possibly in my hands, to hold every single person that was responsible for David's death, is going to hear from me."
The lawsuit filed in Santa Clara County Superior Court alleges that the security guard who initially intervened to break up an assault on David Gutierrez by four suspected gang members "did nothing to look after" him after the initial assault, leaving him vulnerable to the second attack moments later that led to his death.
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