I have been a criminal defense attorney for my entire career, but there is a case out of Berkeley, California that is a real head scratcher. David Xu was the chief metallurgist for a company called Berkeley Engineering and Research (BEAR) and was caught on tape trying to poison a colleague. His actions are blamed for not only causing harm to Rong Yuan, but her parents. After spending only 10 days in jail, Alameda County prosecutors and a judge signed off on a probation deal in the case.
Xu was arrested back in 2019 after Yuan became suspicious that her illness (which she thought might be cancer) might be related to a water bottle that she used at work. When her parents used the bottle to cook, they also became ill. She set up a spy camera at work and caught David Xu tampering with the water bottle. It was tested and found to contain “extraordinarily high levels of cadmium, a poisonous heavy metal.”
That seems a pretty strong case for two counts of poisoning and an attempted murder prosecution.
Yet, the prosecutors dropped the attempted murder charge and accepted a plea on the two poisoning counts. Then a probation officer recommended no jail time. The officer wrote that
“The defendant is highly educated and living at home with his wife and children. He is employed and earning a stable income. Although this matter represents the first and only offense, it was serious in nature and could have resulted in death or serious illness of the victims…. It is the hopes of this deputy that the defendant will take advantage of this second chance and can satisfactorily complete this probation.”
Even on the two poisoning counts, one would expect some jail time. This man hurt three people and could have killed a colleague.
Yet, Alameda County DA Pamela Price signed off on letting Xu spend less than two weeks in jail for his crimes.
It is not clear what it takes to get actual jail time in Alameda County under Price. The San Francisco Chronicle was unable to get sentencing data from her office and Price is the subject of a recall campaign over her lax enforcement record.
The explanation you seek is in the first sentence of your article: “California”.
Anonynous said: “The explanation you seek is in the first sentence of your article:
‘California’.”
/|\THIS/|\
California, virtual province of Communist China.
Where the fruits suck back!
China has physically moved into Mexico and has set up shop.
Like many other liberal district attorneys across the United States, Alameda County DA Pamela Price does not believe in incarceration…… even for attempted murder. No one is responsible for their actions anymore Jonathan, unless of course you are a conservative signing at an abortion clinic. Then DAs recommend you receive 10 years in prison. The double standard is astounding.
A few weeks ago, a CNN anchor was floored when on air, a CNN reporter, reported that career criminals from NYC, would go to Florida, spend their ill gotten gains, but commit NO crime in Florida. They knew if they did, they would get arrested and thrown in jail and likely time in prison. Rather, they just go back to NYC, commit more crime, might get arrested, but be out a few hours later.
Seems it is easy to do crime in blue states and get away with it.
Even attempted murder.
“. . . letting Xu spend less than two weeks in jail for his crimes.”
What do you get in California for an actual murder — four weeks? Or with an OJ jury, maybe none.
Why would he remain gainfully employed when he attempted to murder his coworker? Who would hire someone afterwards if made aware of this? If he were subsequently hired elsewhere and did it again, the employer would then be subject to liability. If he is retained and does anything in the future his employer has skin in the game. The prosecutor is under recall and sounds like a DEI hire George Soros funded stooge.
California where the oranges suck back!
The most difficult slog in reclaiming America is rooting out the Soros-backed and DEI incompetent functionaries who have infested our government from local dogcatcher all the way up to a new SCOTUS member who doesn’t even comprehend the purpose of the 1st amendment.
I’m sorry, but if you have enough lack of self control as to attempt to kill someone; 1) you’re not sane, 2) you pose a constant danger to the community at large 3) you need severe punishment, as you deserve it and as it will serve as a lesson and warning to others as to what happens when you break the rule of law. Nothing else, no wish-washy, whimpy humanistic coddling of criminals.
He attempted to abort a “burden” in a sanctuary state.
.
And you wonder why people rioted in front of the capitol in 1/6/2021. This is blatant elitism. So he has a job , wife and children and is highly educated. So what! He attempted murder. That should only mean he can get a job in the prison infirmary but cannot handle any liquids like water or give medications. He should be very adept at making beds, taking the bedpans out of the refrigerator and sliding them under patients, cleaning up fouled beds, scrubbing floors and such. He should not be allowed to give enemas because you can introduce poisons from that direction also but he could be used to digitally break up impactions. The other option is working in the prison machine shop or general carpentry. A well made piece of furniture gives one a real sense of creation and satisfaction.sic. Should keep him busy for 30-40 years.
Two weeks jail time for attempted murder?
so if you have a wife, kids and job…laws don’t apply?
Isn’t she facing a recall? Geez I wonder why?
Democrat backers are set to destroy America.
They want NO GOOD for America
They want anarchy, drugs, terrorists, open border, limitless crime!
They want it to collapse thinking it will fall upon their framework of Socialism. A new footing and a foundation that puts them in power forever. Rest assured, it will not.
Enjoy reading how liberals help criminals in THEIR STATES
Just follow the $$$$$$$!
Want to know why the people consider the law a joke, arbitrarily enforced and selective in its punishment? This is a prime example. Why should anyone respect the law, or obey it? Unless you are a conservative. Then you should be terrified.
What is the purpose of the law? ‘Justice’ is an all emcompassing term. ONE portion of Justice is punishment. In this case, what is the punishment?
The other problem, laws are in place to keep the people from administering their own Justice, because the government refuses to protect the innocent and punish the guilty.
Alameda County DA Pamela Price is a graduate of the Kamala Harris School of Law.
[re: Kamala began her career in the office of the district attorney (DA) of Alameda County]
I thought she started her career as hooker for her boss?
“It is not clear what it takes to get actual jail time in Alameda County under Price.” We already know the answer to that question: if you were a supporter of Donald Trump you could get jail time on any unused law on the books.
When you eliminate any requirements for competence, you can’t complain about the results.