OAKLAND — An Oakland man who was 16 when he was arrested within the homicide of a 15-year-old trick-or-treater is in search of launch from jail, arguing that his younger age and rehabilitation in jail warrant an early termination of his sentence of fifty years to life behind bars.
Quochuy “Tony” Tran, 32, was convicted in 2010 of murdering 15-year-old Ichinkhorloo “Iko” Bayarsaikhan at an Alameda park. The taking pictures occurred on Halloween 2007, whereas Tran and a bunch of mates have been making an attempt to rob trick-or-treaters with a .22 caliber rifle. He was given 25 years to life for the homicide conviction and extra 25 years for an enhancement of personally taking pictures Bayarsaikhan, courtroom data present.
In a authorized movement filed Oct. 23, Tran’s deputy public defender cited not simply Tran’s personal apology letter and participation in dozens of rehabilitative packages, however the phrases of an appellate courtroom justice and 4 correctional officers. An appellate courtroom justice who additionally voted to uphold Tran’s homicide conviction added that “this is likely one of the comparatively uncommon instances wherein the declare that punishment is so extreme as to be merciless and strange has benefit.” The officers’ assist letters say Tran has been “repeatedly employed and concerned in education” regardless of dwelling on a Degree IV yard in California State Jail, Sacramento.
Tran’s prolonged apology letter says he underwent a metamorphosis in jail from a “egocentric” youth to studying to “right” his “felony considering.” He added that he hopes to, “make amends to my sufferer’s household, my household, and to all those that I’ve ever hurted (sic).” Tran additionally described his background — his household got here to america from Vietnam when Tran was 10. Six years later, when he was arrested and charged with homicide, he was attending Oakland Excessive College with minimal parental supervision and struggling to be taught English as a second language, he wrote.
“Reminiscing about my childhood, I got here to a conclusion that my false perception, anger, loneliness, hatred and my shortcut by way of life is the start line which led me to jail,” he wrote.
At Tran’s 2010 trial, his legal professional argued that prosecutors had didn’t show Tran really fired the shot that killed Bayarsaikhan. Authorities say he and a bunch of mates had tried to rob a number of trick-or-treaters once they came across Bayarsaikhan and a bunch of mates in Washington Park. Considered one of Tran’s mates brandished the rifle and fired pictures into the air to scare them into compliance.
After that, prosecutors say Tran took the rifle from his pal, informed the group that it wasn’t a cap gun and shot Bayarsaikhan within the chest. She died at Highland Hospital later that evening.
The Alameda County District Lawyer’s Workplace has not but responded to Tran’s petition for reduction, although District Lawyer Pamela Worth campaigned towards charging any juveniles as adults and has moved to launch different males who have been convicted of homicide of their teenagers. For now, Tran stays in New Folsom jail.