A Chinese student girl, was shot innocent, and the killer was even lightly sentenced! Shocked at home and abroad concerned about the case from all walks of life. The girl's family traveled on both sides of the ocean to get justice for their dead daughter, but in a foreign country, the road to maintain legal rights as a foreigner was so hard.
Two years ago, Chongqing girl Jiang Yue, then a sophomore at Arizona State University, was rear-ended while waiting for a red light at the intersection.
The driver of the hit-and-miss vehicle, Holly Davis, 32, fired several shots at Jiang Yue from outside the window and drove away.
Jiang Yue, 19, was taken to hospital and died.
Davis was quickly captured by police, who said at the time that Davis would be charged by the first-tier murder.
Now, more than two years after the incident, the murderer not only has not been punished by the first-degree murder, but has been given a lighter penalty. The murderer and the prosecution have reached a "second-level murder" plea agreement!
Plea agreement
In February 2018, U.S. prosecutors reached a "second-tier murder" plea agreement with the killer without the knowledge of the victim's family.
What is the difference between a second-tier murder and what was then called a first-level murder?
In Arizona, first-degree murder faces life imprisonment and even the death penalty; second-degree murder faces only 10 to 25 years in prison.
The whole process of reaching a plea agreement has not only not been notified to the family, but will have been ignorant afterwards. It was not until April that the family saw through the news the progress of Jiang Yue's murderers pleading guilty. Jiang Yue's family could not accept such a plea agreement and went to the United States in May to run for the case.
Family meeting with the media
On June 8, Mr. Jiang's family and lawyers met with the media in Los Angeles.
The lawyer issued a statement on behalf of his family saying that prosecutors in the protest case were unfair, calling on the U.S. judge who tried the case to rescind the second-level murder plea agreement reached between the prosecution and defendant, and demanded that defendant be prosecuted for first-degree murder charges.
On the same day, Jiang's father choked when talking about the plea agreement, questioning whether the prosecution's actions were related to the murder being white in the United States.
[经] hearing
On the morning of June 12, U.S. Local time, Jiang Yue's case held a court hearing in (Maricopa County) Superior Court, Maricopa County, Arizona.
Jiang Yue's family, Chinese Consulate-General in Los Angeles, lawyers and representatives of Asian overseas Chinese attended the hearing.
After hearing the complaint, the judge rejected Jiang Yue's family and attorney's request to withdraw the plea agreement.
The judge said, "if let go to the court, there are several questions, the first is that Jiang Yue's cause of death will be brought out again and again, including the process of death, which is too cruel for the family." Second, the case is likely to remain on appeal, because defendant's lawyer is free of legal aid, which is a waste of court resources and, in the end, could still be judged as a level 2 murder, possibly 25 years, or even lower. For this reason, it is possible to commit a second-degree murder crime. "
Jiang Yue's family said he could not accept such a "plea agreement" and said he did not believe it would be so unfair and cold-blooded.
At the hearing, Jiang Yue's father angrily pointed to the murderer, shouting in Chinese, "you are so cruel, brutally killed my only daughter!" You devil, tell me why you want to kill my daughter? "
After the hearing, Jiang Yue's cousin to interview the media to explain the situation on court. "Today we talk about this from two perspectives," she said. "the first is that we are deceived and the second is that we are misled."
"the concept of deceit is that we have been trying to contact prosecutors, and they have told us that they will tell us all the new developments, but they have not done so. Second, after we learned from the news that a 'guilty plea agreement' had been signed, we rushed to the United States to meet with them. They told us that if the trial were to be held, the local jury might have racial discrimination, and it might not be judged by a first-class murder. The judge's discretion is likely to be 25 years, and they use these words to mislead us. At that time we didn't know the judge, and we were even a little scared. But then we looked at some of the judges' cases and thought the judge was fair, so we thought we should put the case in front of the judge. "
Counsel also argued that the judge's refusal was not well-founded and that the family might seek an appeal.
Of the reasons given by the judge,
First, when it comes to "preventing the victim's family from being hurt twice during the trial", "but Jiang Yue's family is ready and willing to face pain and seek justice for their children."
In response to the judge's "consumption of court resources," counsel said, "although more than 90 percent of criminal cases are likely to agree to plead guilty, the court will not be able to afford it if all cases go through jury proceedings, but in general, murder cases," he said, "while more than 90 percent of criminal cases are likely to agree to plead guilty." It should not be considered from an economic point of view. "
Lawyers said that in the face of the current situation, can only be prepared for the United States local time June 15 hearing, with a view to a heavy sentence;
Secondly, if the sentence is light, consider whether to appeal;
Third, whether to consider contacting the U.S. Federal Department of Justice and asking the Maricopa County Prosecutor's Office to investigate whether racial discrimination or racial bias existed in the course of the case.
Counsel believes that the prosecutor in charge of the case committed serious negligence. He noted that prosecutors had not done their best to inform the families of the victims of the progress made and that they had not been allowed to exercise their right to participate in the sentencing process.
Local Chinese protest Solidarity activities
Earlier, after learning that Jiang Yue's case of defendant was reduced to a second-class murder crime, many overseas Chinese and Chinese participated in protest solidarity activities.
As of the afternoon of the 12th, about 13000 people had co-signed the petition book protest. "We ask you to face up to this injustice and strive to ensure that all people, regardless of race, colour, creed or religion, have equal justice," wrote petition.
Jiang Yue's murder will be held on June 15, US local time.
A copy of Australia
Innocent death, but unable to bring the perpetrators to justice, should be punished, there is one in Australia.
Eunji Ban, a 22-year-old South Korean student, was beaten to death by a white man, McEwan, on the streets of CBD, Brisbane.
It's been almost five years now, and though the evidence is solid, the killer still refuses to ambush, and even says he is possessed by demons!
Even more surprising, at the last hearing on October 5, 2017, the jury ruled that the killer, McEwan, was not in good mental condition and was not fit to attend the trial!
Ban's parents were unable to stay in Australia for a long time because of visa relations, but had to return home.
As soon as the news came out, all sectors of the community were angry, but the case is still open to conclusion.
Can you just say that you are mentally ill and that you can even get away with the law by killing people?
The law keeps talking about human rights and protects the rights of mentally ill prisoners. But who is the protection of the rights of innocent victims? !
People in a foreign country in, maintain legal rights road is even more difficult ah!
We can't forget Jiang Yue, we can't forget Eunji Bank! Remember McEwan, remember Davis!
If the perpetrators of their murder can not be notarized to justice, then in the future, what security can we say?!