OAKLAND — An Alameda County choose ordered an Oakland man to face trial on a homicide cost for allegedly working over a 66-year-old man throughout a heated March 18 confrontation, courtroom data present.
Kevin Mak, 41, was charged with homicide final April for hitting Chi Leung together with his minivan through the encounter on the 800 block of Alice Road in Oakland. At a July 25 preliminary listening to, eyewitnesses testified that Leung struck Mak’s automotive with a shovel a number of instances, however that Mak rotated, paused and drove into Leung a number of moments later. Mak’s protection lawyer referred to as it a tragic accident brought on partly by Leung’s aggression.
Choose Mark McCannon, who presided over the listening to, didn't take a place on whether or not there can be sufficient proof to convict Mak in a jury trial. Preliminary hearings are held merely for a choose to find out whether or not the prosecution’s proof meets a low authorized normal of possible trigger, and if not, to dismiss the case.
“There’s sufficient to carry him to reply for this. Loads of your arguments I feel are for a jury to find out,” McCannon stated, after calling the incident “unlucky for all events concerned.”
Mak’s lawyer, Neil Hallinan, referred to as Leung’s demise an “unintentional accident” and identified that Mak informed police he was panicking and determined to get away from his shovel-wielding attacker, in keeping with a transcript of the listening to.
“It’s clear that the defendant did deliberately speed up ahead. It’s clear whenever you add all of it up that he didn't see Mr. Leung and the tragedy occurred,” Hallinan stated.
Deputy District Lawyer Michael Hartman argued that Mak had sufficient time to weigh the results of his actions earlier than driving into Leung.
“This was a willful, premeditated and deliberate act,” Hartman informed McCannon. “The sufferer is 66 years outdated. He’s not in a car. He’s on a sidewalk. After which he’s struck by the accelerating van after the sufferer and the defendant had some kind of confrontation.”
Throughout the preliminary listening to, an space resident testified that he noticed Leung strike the minivan with a shovel three to 5 instances, and acknowledged Leung as a person who lived in a pickup truck within the space. He stated Leung appeared badly injured after the collision.
Oakland police Officer Jerry Wingate, who responded to the crash, stated that Mak spoke to officers instantly afterwards, however then invoked his proper to an lawyer after his arrest. He stated Mak initially referred to as it an accident, then later stated it was self-defense, and that video — recorded by Mak and his passenger — exhibits Mak telling his passenger at the least 3 times to name 911.
Mak additionally claimed that Leung shoved the shovel by means of a damaged window and held it to his passenger’s neck at one level through the confrontation.
Mak stays in Santa Rita Jail with out bail, however Hallinan indicated he'll file a movement to set bail and have his consumer launched. His subsequent courtroom date, an arraignment, has been set for Aug. 22, courtroom data present.