Witnesses to a gang related homicide lead detectives to two suspects
Three suspects are being charged with the shooting death of Thai Vu outside the Happioke karaoke bar located at 2114 Senter Road. 20-year-old Johnny Le, and 21-year-old Jimmy Duy Ho, on June 8, 2012 are suspected in the crime of Murder under PC 187.
Investigating officers believe they have enough information that would establish probable cause for the pretrial constraint of defendant Johnny Le, who was arraigned on Dec 31, 2012. Andy Duy Ho and Jimmy Duy Ho are currently in jail and awaiting trial.
A “No Bail Warrant” was automatically set at the time of the arrest. According to the District Attorney’s office, “due to the nature of the crime, if a judge feels that an individual is at risk of harm or injury, the judge can set a higher bail amount if they feel the public’s safety is at risk.” The arraignment allows for the case to be calendared in order to set a hearing schedule that allows for the defendant to request a bail amount be issued.
Johnny Le is accused of firing a hand gun at Vu in coherence and or in commission with the offense as to benefit of, at the direction of, and in association with, a criminal street gang under PC 186.22(b)(1)C). Le is known by gang law enforcement from his conviction of a prior felony offense, in which he had participated in violent offenses under PC 667.5(c)/1192.7(c), attempted murder. Jimmy Ho is also accused of the assault on Vu.
Andy Ho is not suspected of participating directly in the murder, but he is being considered an accessory under PC 32, for concealing and aiding Johnny Le and Jimmy Ho, knowing that they had killed Vu, and that he had failed to report the crime to police, allowing them to stay in his home in order to avoid and escape arrest, trial, conviction and punishment.
San Jose Police Department homicide detectives, after interviewing witnesses, felt that their information and/or association with the individuals responsible for the death of Thai Vu may put them at risk of injury or possible harm due to possible retaliation from gang members. The District Attorney is very aggressive when it comes to threats of fear or intimidation to a witness in which a known gang member has been charged. If it is found that a person that is in coercion or in direct affiliation with a known gang member and threatens or intimidates a witness, the penalty reaches anywhere from seven-years to a life sentence, depending on the severity of the crime.
Homicide detective Brian Spears with the SJPD stated in an affidavit with the Santa Clara District Attorney’s office, “My belief and experience that violent homicide suspects and their associates are known to intimidate, threaten or possibly harm witnesses.” Official reports and documents by law enforcement have been filed under seal to protect the identity of witness and case information that led to the arrest of the defendants.
According to the Santa Clara County Defense Attorneys office, “First, there are specific ways in which the DA’s office can redact case sensitive information. When a defense attorney asks for court documents for his client, the DA’s office will give notice to the people who will be ousted that way.”
The Santa Clara County Defense Attorney’s office said, “If a witnesses is in a life threatening situation, investigators can help keep them safe through the State of California Witness Relocation and Assistance Program, CAL WRAP program that is run through the California State Department of Justice Attorney General’s office.”
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