A juvenile who participated in a gang attack on five Asian American youths — Ken Zeng, Paul Wong, Sung Noh, Tim Wen and Jeff Woo — in San Francisco last June received a year’s probation for his crime plus 100 hours of community service.
The defendant, identified as “Matthew M.,” has been required by his high school, Sacred Heart, to perform an additional 100 hours of community service.
Matthew M. was convicted of two felony assaults with felony hate-crime enhancements in August.
In announcing the disposition, Superior Court Judge Kevin McCarthy cited the priority of rehabilitating the defendant. According to the victims’ attorneys, he still refuses to identify other alleged assailants, estimated to number up to 20.
The disposition prohibits the possession of weapons, alcohol consumption, contact with the victims and attendance at parties involving alcohol. The teenager must undergo alcohol counseling and testing, and he will also be subject to the “1035 search condition,” which means that “police can approach him at any time and search him with no reason at all,” according to Edwin Prather, an attorney for the victims.
George Beckwith, the defendant’s attorney, said the point of “juvenile-disposition hearings” was “to save kids.”
Matthew M. has written letters apologizing to the victims and begun his community service hours at On Lok, a senior center.
At the same time, his client has filed an appeal, Beckwith said. If the appeal was successful, he said, “[Matthew M.] would get a new trial or work out another disposition.”
Edwin Prather, attorney for the victims:
“From where we come, which is basically nothing, we now have a defendant who has been determined to have committed a hate crime; we have punishment; we have him being rehabilitated and doing community service with Asian American organizations. We have the whole picture.”
George Beckwith, attorney for Matthew M:
“[The disposition was] consummately fair. … Matthew after his release out of Juvenile Hall offered to help [investigators].”
Malcolm Yeung, Asian Law Caucus:
“This case was never about punishment or retribution against the juvenile offender, and we have to remember that. As many as 20 other perpetrators responsible for this hate crime remain … uncaught and uncharged. It’s important that certain other of those perpetrators be brought to … justice.”
Russ Giuntini, San Francisco district attorney’s office:
“I can tell you it is only a beginning, and it’s a good beginning. The district attorney takes hate crime very, very seriously. This marks a new day. We are going to pursue any and all leads as a result of the [witnesses’] testimony. …
We tend to be a little bit more pro-active on these types of issues, and I think you will see that in the future.”
Paul Wong, 19:
“It is unfortunate that not everybody who was involved has been prosecuted, but the conviction of Matthew still made an impression and set an example to show that hate crimes will not be tolerated. This was an incident I will never forget. … Matthew would be the epitome of why these kinds of crimes should not happen, not just because of his conviction but simply because it is not right.”
Jeff Woo, 19:
“Before this incident, I have never felt racially violated. I can no longer live the same carefree [life]style that I have always lived in San Francisco. I can’t help but think there are racist people around me wherever I go and that … many … just get caught up in the fact that I am Chinese. … It makes me feel that I am not equal. … What happened to the five of us should never be repeated.”
Ken Zeng, 19:
“This case has caused me to become disheartened with the community that I live in. I have never seen such hate out of anyone’s eyes like Matthew M. It has left me wondering if I will be safe at all, even at my own church.
I’m still left wondering if [Matthew] has even learned his lesson. I pray that Matthew will never commit a crime of this nature again. I also want him to become a decent person in our society.”