Five gang members arrested in assualt of homeless man, and death of a fellow gang member
Campbell police arrested a 24-year-old homeless man in connection with the fatal stabbing of the San Jose a teenage boy at the John D. Morgan Park but he was later released.
According to the Campbell Police, officers responded to a call of an injured adult male at the park on Sunday evening, March 16 and found 24-year-old Todd Tharp, a transient, who was suffering from upper head and body injuries consistent with a severe beating. Then, later on in the early morning hours, the Campbell police department verified that a young teenager had entered the Valley Medical Center just before 3 a.m. on March 17. 16-year-old Ivan Diaz Amezcua later died from a stab wound. Friends and family gathered at the park to hold a memorial for Amezcua on Tuesday after the announcement of his death.
After a follow up investigation into the incident, Campbell police arrested Tharp for murder in the case. But it was through the follow up investigation that they determined he had acted in self defense, and the Santa Clara District Attorney’s office released Tharp.
Evidence pointed to five other suspects who were seen at the park drinking and doing drugs, when they got into an argument, and then began kicking and hitting Tharp while he was on the ground. He grabbed a knife from his waistband and stabbed into the air in order to fend off the attackers. It was during this time that he made contact with Amezcua, severely wounding him. “Even if it was in self defense, nobody should have that happen to them,” Tharp said. “I was in fear for my life”.
Campbell Police arrested five suspected gang members on Friday, March 28 for the murder, and the attack of Tharp. The defendants were arraigned to be arraigned today, April 3 and have not been released from jail. 20-year-old Anthony Fernandez, of Stockton, and 18-year-old Joshua Mauricio, 18-year-old Alejandro Sandoval, 17-year-old Julio Ibarra, and 17-year-old Brallan Villegas, all of San Jose have been arrested for murder under the “provocative act” doctrine, assault with a deadly weapon, and assault with force likely to produce great bodily injury. Charges also include gang enhancement because the suspects were known to be gang members of an offset of the known Sureno gang. The Provocative act doctrine states that a person can be charged if their violent or provocative actions result in another party doing the actual killing.
Los Gatos Patch: Los Gatos Police Help Arrest 5 Alleged Gang Members for Murder in Campbell Park