US court denies Chinese family’s motion
Print Edition
A US court has objected a motion by the family of a Chinese exchange student gunned down in a road rage incident, to abolish a plea agreement that lowered charges against the killer.
The father of Jiang Yue, the 19-year-old victim, insisted the plea agreement offered to Holly Davis who not only killed his daughter but also caused injuries to others including three children was definitely unjust, Daniel Deng, who offers legal assistance to the family, said after the hearing at the Superior Court of Arizona in Maricopa County.
Jiang was killed in January 2016 when driving in the city of Tempe, Arizona. She was rear-ended by Davis before the woman got off her vehicle, walked over to Jiang’s car and opened fire.
Jiang lost control when trying to drive away and crashed into another car carrying a family of five. Davis fled the scene and was later caught and taken into custody by police.
Prosecutors had sought to charge Davis on 14 criminal counts, including first-degree murder. She pleaded not guilty to all the charges at the initial hearing in February 2016, and entered into a plea agreement.
Under the plea agreement, Davis, in her 30s, would face a 25-year sentence and up to US$250,000 in restitution in exchange for pleading guilty to second-degree murder and dismissal of all the other charges.
At Tuesday’s hearing, Jiang’s family made an emotional plea. Jiang’s father glared and pointed at Davis, shouting “how inhumane you were to brutally murder my only daughter,” according to CBS 5 news channel.
“Please, our honorable judge, no less than first-degree murder and life imprisonment,” Jiang’s cousin, Katherine Xu, said to the judge. “All we want to do is to protect the whole society and fight for the justice for my cousin.”
Judge Warrin Grandville concluded: “Having considered the family’s comments today, I will not withdraw the acceptance of the plea agreement that was entered in on February 23 and I affirm the sentencing for Friday.”
Grandville told the Jiangs that he refused to accept their motion based on two considerations — one is that the trial will hurt the feelings of the victim’s relatives repeatedly, and the other is that the trial which would last for years could cost the authorities so much time and money.
“I don’t think this reason is acceptable,” Deng said. “Social justice should not be valued by dollars.”
The Jiangs will consider appeal after Friday’s sentencing, Deng said, adding that according to law, Grandville still has the right to refuse the plea agreement before the sentence is announced.
After the hearing, the Jiangs met with Maricopa County Attorney Bill Montgomery who tried to defend the decision to reduce the charges, saying the charges were lowered because the prosecutors did not know the murderer had mental disorder initially.
There was no indication that Jiang had been targeted due to her ethnicity, Montgomery said.
The county attorney’s office issued a statement to Phoenix New Times on Monday, chalking the Jiangs’ outrage up to language barriers and the fact that they’re not familiar with the American legal system.
“This resolution has been explained to the family of Ms Jiang. Differences in criminal justice systems and cultural and language challenges are matters we continue to address as best we can and will not impede our commitment to doing all we can to help Ms Jiang’s family as we head to sentencing in this case,” the statement read.
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