Months after the chaotic Black Friday shooting at Westfield Valley Fair that left three people wounded, a defense attorney now says a newly surfaced video could clear one of the people charged in the case. The claim lands just as prosecutors are trying to move the alleged teenage gunman into adult court, raising the stakes on what that footage actually shows.
According to NBC Bay Area, the defense lawyer told reporters the clip should be enough to get the district attorney to drop or reduce the charges against at least one person tied to the November incident. That argument is surfacing publicly as both prosecution and defense gear up for a round of filings and hearings that could reshape the case.
What prosecutors charged
The Santa Clara County District Attorney’s office has charged the 17-year-old with attempted murder for the benefit of a criminal street gang, personal use of a firearm and two counts of assault with a deadly weapon causing great bodily injury. Local reporting on the initial filing is laid out in our earlier piece. Prosecutors say they have also filed accessory counts against three adults accused of helping the teen suspect get away after the shooting.
Timeline and arrest
The San José Police Department says the shooting happened around 5:40 PM on Nov. 28 outside the Macy’s on the mall’s second level. Three people, an adult man, an adult woman and a 16-year-old girl, were taken to hospitals with injuries later described as non-life-threatening. In a department press release, investigators said they identified the juvenile suspect and arrested him at a San Jose home on Nov. 30, with help from multiple regional and federal partners.
Defense: what the video reportedly shows
The defense has not released the footage publicly, but the attorney told NBC Bay Area that the recording undercuts the prosecution’s narrative and could lead to charges being dropped or reduced. Any new material turned over will go through the usual pretrial review process, giving prosecutors a chance to decide whether their theory of the case still holds.
Legal status
Prosecutors have formally asked a judge to move the juvenile case into adult court, a step that, as KQED notes, requires a probation report and a judge’s review and can take weeks. If the case stays in juvenile court, the maximum time in a secure facility is capped. In adult court, a conviction could carry significantly longer terms and a much later shot at parole.
Local reaction
In the days after the shooting, city leaders called the violence “deeply concerning” and pushed for stiffer consequences for serious juvenile offenses, according to SFGATE. Police boosted patrols at Valley Fair, and Mayor Matt Mahan and Police Chief Paul Joseph urged residents to keep a close eye on youth violence while the courts sort through the case…