The case was already dismissed 5 years ago for "lack of probable cause" and was reopened after the DOJ found Cruz and de Vera's petition "meritorious."
The Gutierrez brothers already pleaded "not guilty' in an arraignment held in November, 2010.
In a complaint affidavit filed by Cruz and de Vera, they alleged the Gutierrez brothers and other "John Does" as the ones who beat them up in a parking lot near the Embassy Club in January, 2005.