By Phil Wong
We live in a world where things happen. They happen for a reason, as we all hope, yet sometimes you question why. Recently, an incident struck close to home, as a friend was tragically killed in an act of senseless violence. This article by SF Chronicle reporter Jaxon Van Derbeken,
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/03/25/MN99722.DTL, gives a detailed account of what happened that fateful night. We all wonder how someone so pure can be taken away from us at a blink of an eye, but most of all we wonder why. According to the survivors who were in the victim’s car, this senseless act was committed without remorse or reason, over an insignificant door ding in the parking lot of a night club. What has this world come to? That bumping into a car parked next to you could lead to a shooting and killing. Does that mean housewives in supermarkets should run for cover now?
Fortunately the perpetrators were caught while fleeing, and two of the three men have been charged with murder and accessory to murder. The arraignment has been set for Friday, March 28th. So what is the problem here? I’m not telling you something you don’t already know. Well, according to an unnamed source inside 850 Bryant, the perpetrators will try to plead down their case from murder, which holds a 25 year to life sentence, to manslaughter 2, which would carry a sentence of 15 years to 30 years, with a possibility of parole in 5 years. Now I ask you, can you kill an innocent man, 23 years young, with his whole life ahead of him, and get away with only 5 years in jail? The defendants will argue that there wasn’t any premeditation, that they were only trying to scare the victims and have some fun, and that the gun had a hair trigger and they only meant to fire one warning shot. Now before we even get to the details, just taking the basic facts of the previous statement, does that make any sense to you?
Let’s look at the background information:
1. Why would a couple of “innocent” guys go to a club and have a gun in their vehicle?
2. Last time I looked, shooting real bullets at a moving vehicle wasn’t “fun.”
3. If the act wasn’t premeditated, why were there only two people in the car when the parking lot incident happened, yet three were arrested while fleeing?
4. The distance between the club and the scene of the crime was close to 5 miles, the victims were heading onto 101 south while the perps, who live in the East Bay, just happen to be on the same freeway?
5. For the sake of argument, they had planned to scare the victims; wouldn’t flashing the gun or even firing one shot in the air do the trick? The victims and the police were able to account for 5 shots fired.
6. The gun had a hair trigger. Common sense and basic intelligence would explain that if 5 shots fired in succession due to a sensitive trigger, then the shots that hit the vehicle would be aligned on the vehicle in a single direction, and the distance between each shot would be measured by the velocity of the vehicle’s speed.
After interviewing the survivors of the incident and conferring with several police sources,
I was able to gather certain facts that pertain to this case in a way that is very damaging to the defendants. The family and friends fear that due to the cities over-crowded jails and the high cost of going to trail, that the District Attorney will allow the defendants to plead their case in exchange for a lighter sentence. The arraignment is planned for tomorrow morning, and if the people and the community do not realize the facts and let this heinous crime go unpunished, then the shooters would have gotten away with murder with only 5 years of imprisonment. Read the following facts, you decide if any of the information provided could possibly lead any doubt that this was not a premeditated, planned, and executed crime of murder in the first degree.
A. Fact: The parking lot door ding incident happened at approximately 2 am. Witnesses report that there were only 2 men in the defendants’ vehicle. 23 minutes later, 3 men fled, while one lay dead on the side of the freeway. Basically the 2 men waited in the vehicle for their friend to come out of the club, and then decided to follow the victims with a plan to shoot the vehicle.
B. Fact: Premeditation. The perpetrators lived in the East Bay, all they had to do was jump on 80 E and be home in a flash. Yet, they were driving on 280 S and followed the victims for 5 miles to the 101 S/ 280 S split. 5 miles. Even at speeds of 80 miles per hour, would take close to 10 minutes. 10 whole minutes to decide what to do. They waited until the victims were in the 101 S exit lane and close to the curve of the split before opening fire. At 2am in the morning, after a night of drinking and partying at a club, a plan like this would have to be clearly thought out and well executed.
C. Fact: The weapon of choice in this shooting spree was a hand gun. At highway speeds and being in the middle of the night, high wind would force the shooters to take careful aim. Trying to scare someone usually doesn’t involve precise aiming and trying to hit critical parts of a car. The first bullet struck the tire, obviously in an attempt to slow the vehicle down. The second bullet hit behind the rear seats. The third went through the passenger window and stuck the driver in the right temple. The fourth hitting the front fender, while the fifth missed the vehicle. Shell casings prove that 5 shots were fired. 4 carefully placed shots and precise aiming would prove that it took coordination between the driver and the shooter in order to succeed.
D. Fact: Trigger-effect. Suppose the hand gun was automatic and holding down the trigger would result in a succession of 5 shots being fired one after another. Then the shots would be grouped in a completely straight line from back to front. Yet each bullet hit a different area of the vehicle. This isn’t some Jet Li action flick, in real life; bullets just don’t hit critical parts of a car on their own.
E. Fact: Shoot to kill. Personally having someone pull a gun would scare the hell out of me, let alone taking multiple shots while in a moving vehicle. If this act was just for “fun” or only meant to “scare,” then why would they continue shooting after the bullet went through the passenger window? 2 shots were fired after the fatal window bullet was fired. I’m not, by any means, a gun aficionado nor am I an expert in crime scene forensics, but it is common sense that when a bullet is shot through a window into a carload of people, it is most likely someone was hit. But why stop there, since they were having so much fun, why not continue shooting, maybe they could hit more people.
Taking all these facts into consideration, can the American people, as a community, as human beings, as parents or sons and daughters, sit still and let these monsters get away with murder? I think not. Justice needs to be served. It was undoubtedly a senseless act of violence, but it was also murder. Carefully planned, without remorse or hesitation, precisely executed, these men gunned down a car full of people just because their door accidentally hit yours. Witnesses in the parking lots said there were no words exchanged, just a polite apology, and they were on their way. Yet they were followed, their vehicle targeted, and each shot was aimed to kill.