CAMPBELL (CBS SF) — Five people have been arrested for murder after an attack on a homeless man in Campbell resulted in the death of one of the attackers, police said Wednesday.

Campbell police said the five suspects, ranging in age from 17 to 20 are all affiliated with a local Sureño street gang.

On March 16, police said the group launched an unprovoked attack on a 24-year-old transient at John D. Morgan Park at 540 W. Rincon Ave., knocking him to the ground and kicking and punching him.

The man pulled out a knife to defend himself, stabbing the youngest in the group, 16-year-old Ivan Diaz. The group fled and Diaz was taken to Valley Medical Center where he died of his injuries.

The homeless victim, Todd Tharp, was initially arrested for the stabbing but released after prosecutors determined the killing was in self-defense.

The Santa Clara County District Attorney’s Office said the five suspects will be charged with the murder of Diaz under the “provocative act” doctrine, which allows for a person to be convicted of murder if their life-threatening actions cause another party to kill.

The suspects were identified as: Anthony Fernandez, 20, of Stockton; and San Jose residents Joshua Mauricio, 18; Alejandro Sandoval, 18; Julio Ibarra, 17; and Brallan Villegas, 17.

Campbell police said all have each been charged with murder, assault with a deadly weapon, assault with force likely to produce great bodily injury along with gang enhancements.

The two juveniles have been charged as adults, police said.



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