A man who was convicted of second-degree murder in 1992 will have to wait at least another week to learn whether a judge will allow Snohomish County prosecutors to file an even more serious charge resulting from the same shooting incident.
Huy Vu Dang, 31, was back in a Superior Court courtroom Thursday arguing that prosecutors should not be allowed to file a first-degree murder charge against him.
Seattle lawyer Todd Maybrown said at most prosecutors should be able to file a manslaughter charge.
Thirteen years ago, Dang fired from his car window into another vehicle filled with young people. Carrie Ann Tran, 17, of Seattle was shot in the back of the head and died.
Deputy prosecutor Ron Doersch filed one count of second-degree murder, alleging that the death occurred during an assault. He also filed five counts of second-degree assault, one for each of the other occupants of the car.
A jury convicted Dang of all counts.
The convictions stood until two state Supreme Court decisions tossed out scores of second-degree murder convictions. It ruled that defendants should not have been convicted of murder because death was not intended.
For more than two decades, prosecutors relied on state laws that allowed murder charges to be filed in cases that started out being assaults and ended up in a death. Defense attorneys long have argued that the lesser crime of manslaughter better fit the situation.
When Dang’s case returned, Doersch upped the ante, charging him with first-degree murder, alleging that he displayed extreme indifference to human life when he pulled the trigger three times.
On Thursday, Maybrown argued that Dang should not face new murder charges now, and asked Judge James Allendoerfer to dismiss the first-degree murder count. He argued the new murder charge is a violation of due process and amounts to Dang being tried twice for the same crime.
Among other things, Maybrown said Doersch is prevented by law from filing a more serious charge than the original one. If anything, the state can only file a lesser charge such as manslaughter or assault, he argued.
Doersch said the case represents extraordinary circumstances “created by the Supreme Court’s unexpected decision to change the law.” It also would “defeat the ends of justice” if prosecutors were prevented from making new charging decisions now.
Allendoerfer said he will issue a written ruling within a week.
Meanwhile, a May 13 trial is scheduled for Dang, although it’s likely whoever loses will appeal Allendoerfer’s decision, lawyers said. Dang remains in jail on $250,000 bail.
The shooting happened after two groups of young people got into an argument July 3, 1992, at Boom City on the Tulalip Indian Reservation.
The disagreement continued as the cars drove away, culminating in the shooting on I-5 in Everett.
Reporter Jim Haley: 425-339-3447 or haley@heraldnet.com.
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