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Halloween Attack Victim Clinging To Life

Posted: 7:21 am PST November 6, 2009Updated: 8:23 am PST November 6, 2009

A 12-year-old boy who was shot in the head while trick-or-treating remained in grave condition Friday as police say the four alleged Sureno gang members charged with the crime have confessed to the attack.

The suspects -- Eduardo Cristobal aka "Pelon," 18, of Milpitas; Erik Diaz, 16; Hugo Torres aka "Sharky," 15; and Diego Gutierrez aka "Boogie," 16, all residents of San Jose -- made their first court appearance on Thursday.

According to a report also released on Thursday, police said the four alleged gang members had confessed to the crime.

The Santa Clara District Attorney's Office has announced that it will charge the three juveniles as adults. All four suspects face two counts of attempted murder.

San Jose police Chief Rob Davis said not all juvenile gang members are tried as adults, but the seriousness of the case warranted the district attorney's decision.

The defendants, wearing handcuffs and plain white t-shirts, briefly appeared in Santa Clara County Superior Court amid stifled sobs from family members in attendance. They were ordered held without bail and an arraignment date was scheduled for Nov. 12 after they are appointed a public defender.

The victims, one a sixth-grade student and the other an eight-grade student at Lee Mathson Middle School, were attacked shortly before 10 p.m. Saturday in a parking lot at 2001 Story Road while they were trick-or-treating.

The 12-year-old boy who was shot remained in grave condition while his friend who was stabbed was recovering at home.

Lee Mathson Middle School principal Orlando Ramos said of the boys, "They were absolutely not affiliated with gangs."

He described them as "phenomenal students with excellent attendance, never a discipline issue, high grades all around."

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