The nearly fatal stabbing occurred outside the Mini Market in this Ocala Avenue shopping center
A bail hearing was held in Dept 23 on Wednesday, October 28, in which 24-year-old Michael Edwin Vivas of Morgan Hill is being held on a million dollar warrant for the attempted murder of a male victim pursuant PC 664(a) – 187, for an attack that had occurred back in January.
According to court documents, the victim was confronted in a parking lot at 1718 Ocala Avenue in San Jose. Several high school students had gone to a local market to buy snacks. At the time an unknown Norteño gang member had watched them go inside and waited for them to exit. When they did so, they were asked if they were gang members. Upon their denying any involvement with a gang, Vivas and another suspect jumped from the vehicle and had began to attack the teens. During the confrontation one was stabbed and hit, another was punched, and the third victim was able to run away.
Responding San Jose Police units came to nearby Overfelt High School and made contact with one of the male juvenile victims, and he was able to give a description of the suspects. Officers were able to show the young man a picture of a suspect and he positively identified him. He said, “Yeah, that’s the guy that punched Luis.”
One of the suspects was known to the victims, and was attending the same school with them. They had met up at Pop’s Mini Mart when they were attacked. During the confrontation the suspects had asked to see their color of their belts. They said that Vivas asked them, “Do you guys bang, let me see your belts.” They said they had identified the color, and were unsure of what was happening.
The driver of the car, who was also the one who stabbed the juvenile victim, was identified as Vivas after a follow up investigation. It is believed that Vivas intended to do great bodily harm to the victim. During the attack, one of the juvenile victims had tried to grab his friend’s sweatshirt to protect him from being hit by Vivas. That is when Vivas grabbed a pocket knife from his belt and then stabbed the victim twice. While Vivas was driving away, he drove back around and yelled at them, “This is Norte”.
The young teen that was stabbed in both sides of his body was treated for his injuries by paramedics on scene, and later transferred to the Regional Medical Center for further treatment.
The next court date has been scheduled for November 18 for further pre-trail arraignment in Dept 30 at 1:30.