OAKLAND — In a growth not often seen in homicide instances, an Alameda County choose has authorised the discharge of an Oakland man accused of murdering a homeless man throughout an argument about vandalism within the neighborhood, in line with court docket data.
Kevin Mak, 41, is charged with working 66-year-old Chi Leung over throughout a March 18 confrontation on the 800 block of Alice Road in Oakland. On Sept. 21, Choose Morris Jacobson authorised Mak’s launch on his personal reconnaissance with a directive that he put on an ankle monitor, not possess weapons, and cling to different commonplace situations.
Mak’s lawyer wrote a 69-page authorized movement arguing for the discharge, through which he described Leung’s killing as an accident. Prosecutors allege that Mak intentionally ran Leung over throughout a heated confrontation and that proof reveals Mak drove onto a sidewalk to run Leung over.
Within the protection movement, Mak’s lawyer wrote that he stayed on the scene and cooperated with police after the collision, and that Mak initially posted bail when he was charged with assault with a lethal weapon. The costs have been upgraded to homicide days after the incident, when Leung died from his accidents.
“As tragic as this incident is, with lower than one second between reversing and accelerating ahead, and fewer than one second between acceleration and collision, Mr. Mak can not and shouldn't be held to have identified that Mr. Leung was standing the place he was when the collision occurred,” protection lawyer Neil Hallinan wrote within the movement, later including that video taken by Mak’s passenger reveals him swearing after the collision.
Hallinan wrote that Mak and his passenger have been questioning Leung about vandalism of their neighborhood after seeing him strolling round with a shovel that appeared comparable one utilized in a previous property destruction incident. Hallinan claimed the 2 weren't accusatory and that Leung overreacted, resulting in the confrontation.
Prosecutors argued at Mak’s preliminary listening to — the place Choose Mark McCannon ordered him to face trial on homicide prices — that Mak had sufficient time to see Leung and drive into him on function, reasonably than merely depart the world in his van. They argued Leung posed no risk to Mak nor his passenger when he was struck.
“This was a willful, premeditated and deliberate act,” Deputy District Legal professional Michael Hartman mentioned on the listening to. “The sufferer is 66 years previous. 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.”