Jan 8, 2009 5:45 pm US/Pacific
New Changes In C.K.M High School Murder Case
SACRAMENTO (CBS13) ―
A stunning decision as an Appeallate court overturns the conviction against a teen charged in the McClatchy High School murder.
This murder case turned into a high profile event after two 15-year-old kids were convicted of the murder. But now, one of them will get a new trial, because an appeals court recently ruled there was evidence of self defense instead of premeditated murder.
In September 2003, Roberto Treadway was shot dead near McClatchy High School. The suspected shooter, Richie Chee, was never found. But, two of his friends, Bobby Chiu and Tony Hoong, 15, were convicted of the murder though they never pulled the trigger.
It was Bobby Chiu who made a comment about Treadway's girlfriend and the two got in a fight. His friend, Tony Hoong, then started running around with a knife trying to stop the fight.
"As the assault is occurring against Bobby, the comment is screamed out to get the strap; strap is interpreted to mean the gun. Rickey Chee then went to the car and got the gun, and they as very close range shot and killed Roberto Treadway," says Ken Rosefeld.
The suspected shooter was never found, but prosecutors convinced a jury that Chiu and Hoong are just as guilty.
But now, an appeals court has overturned Chiu's murder conviction citing "evidence permitting defendant Chiu to be convicted of only the lesser offense of involuntary manslaughter."
Chiu was the one being beaten, and the ruling indicates his attorney should have argued self defense.
But his attorney, Pat McCarthey "Stated that he did not want any other instructions on self defense." The court also overturned the jury's conviction that the murder was a gang killing.
"To say that it was gang activity just was not true," says Dr. Jim Hernandez.
Dr. Hernandez testified at trial, and says nowadays, prosecutors overuse, and sometimes abuse the gang enhancement penalty.
"It was kids fighting and somebody got carried about and brought in a gun, it was as simple as that," says Dr. Hernandez.
So with the gang enhancement thrown out, and the murder charge reversed for at least one of the defendants, the attorney for the second defendant now says his client wants a new trial too.
"We believe the justice that was given to Bobby Chiu is well deserved for Tony Hoong and we're looking forward to his day with the California Supreme Court."
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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