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On Tuesday, October 10, 2023, a Brooklyn jury returned a responsible verdict within the U.S. District Courtroom for the Jap District of New York, convicting Allen Yu and Zack Zhang of homicide: On the night of February 12, 2019, Farah, New York Exterior a KTV membership in Sheng, Xin Chris Gu was employed to shoot.
The jury convicted Zhang regardless of little proof that he was the driving force of the white Honda Accord, which could be seen leaving the KTV membership space within the video.
In actual fact, there is no such thing as a forensic or bodily proof that Mr. Zhang was current on the scene. The jury convicted based mostly on the biased and inconsistent testimony of two cooperating witnesses: You You (Yu Qingming’s nephew) and former violent felon David Yu.
Proof confirmed that the 2 witnesses did have a motive for committing the crime and admitted to being close to the KTV nightclub that evening. Youyou testified that he was angered by Mr. Gu as a result of he had humiliated his uncle Yu Allen, stolen his uncle’s building shoppers and jeopardized the household’s wealth.
David Su, a childhood buddy of Youyou, admitted to committing a number of violent crimes prior to now and typically committing crimes with Youyou. Shockingly, each Youyou and David Yu admitted to having beforehand participated in armed robberies. Earlier than their arrest, the 2 robbed a personal on line casino proprietor at gunpoint of $300,000, against the law they each admitted to at trial.
Youyou and David Yu testified that they went to a KTV membership to homicide Mr. Gu on February 12, 2019, however “obtained chilly ft” and drove a mile away to take medication earlier than falling asleep.
This unbelievable testimony contradicts the proof that Yoyo and David Yu had been concerned within the capturing. First, there’s proof that Mr. Gu referred to as an Uber automotive that evening to take him out of the membership. The Uber driver arrived concurrently the masked gunman and witnessed the capturing.
An Uber driver testified at trial that he noticed the gunman and would always remember his eyes – “Asian eyes.” As well as, proof on the trial confirmed that on the time of the capturing, Yoyo obtained a name from somebody within the KTV membership.
This was the one means the gunman knew Mr Gu was leaving the membership, because the Honda he was ready for earlier than the assault was parked in an space with obstructed view of the membership door and the realm.
The trial additionally featured severe authorities misconduct.
Even earlier than the trial started, protection attorneys challenged a authorities search warrant that contained a number of lies by the FBI agent accountable for the investigation. Protection attorneys argued that FBI brokers used false info to get a decide to subject an arrest warrant. The legal professional additionally neglected a number of key information, making his affidavit deliberately false.
First, FBI Agent Lin’s testimony to the court docket included a surprising lie that authorities witness David Yu had been cooperating with the FBI and offered true info that was corroborated by different proof. . Nevertheless, on the time of Lam’s affidavit, David Yu had solely been questioned as soon as when he was arrested on drug fees.
On the time, Yu denied any involvement in Mr. Gu’s homicide and didn’t present any info to the FBI. Lin made all of it up in his affidavit. Moreover, Lin didn’t point out in his affidavit the truth that he had one other cooperating witness, Carlos Senquiz, who earlier advised Lin that David Yu ( David Yu admitted that he was the assassin of Mr. Gu. This was not talked about in Agent Lin’s affidavit to the decide in help of the search warrant.
Regardless of these lies and omissions, the decide upheld the legality of the search warrant.
Protection attorneys for Mr. Zhang and Mr. Yu filed a collection of post-trial motions following the responsible verdicts. A decide simply denied these motions Monday evening.
Protection attorneys requested the court docket to order the federal government to unseal grand jury testimony that led to the indictment within the case. The decide refused. Protection attorneys argue that these grand jury transcripts will present that the indictment is predicated on testimony that Yu Allen allegedly promised to pay Mr. Zhang and Youyou giant sums of cash for Mr. Gu’s homicide. In actual fact, that is what the federal government mentioned in its pre-trial submission to the court docket.
Nevertheless, in the course of the trial, Youyou unexpectedly testified that he and Mr. Zhang by no means obtained any cost for the homicide of Mr. Gu. As an alternative, he modified his testimony to say that Zhang wished to take part in a murder-for-hire scheme in alternate for enterprise contacts and an inventory of suppliers and contractors that Yu Lun utilized in his Amoco enterprise.
That is odd as a result of Mr. Zhang isn’t within the building trade, and testimony on the trial revealed that Mr. Zhang was searching for to legalize his marijuana enterprise. If the federal government modified the speculation offered to the grand jury at trial, the case must be thrown out beneath the Structure.
Moreover, the federal government admitted to withholding proof from Zhang’s protection staff earlier than trial. After the responsible verdict, the federal government offered proof from grand jury testimony and an FBI interview with a witness who apparently contradicted one of many authorities’s cooperating witnesses.
The federal government had a witness, Roberto Burbano, who was not concerned within the murder-for-hire case, who testified that that very same evening he noticed a Chinese language man in a white Mercedes with a black prime pull over and Speak to Anthony Abreu.
Mr. Burbano’s testimony was the one witness aside from David Yu and Youyou who admitted involvement within the murders to determine the automotive that the federal government linked to Mr. Zhang and a person who appeared like him and the alleged gunman. , Abreu.
Nevertheless, the federal government by no means advised Mr. Zhang’s protection staff earlier than or in the course of the trial that that they had interviewed one other witness who contradicted Mr. Burbano’s account.
The witness testified earlier than the grand jury that Burbano was not current in the course of the alleged encounter with a person who resembled Mr. Zhang. This misconduct by the federal government, often known as the Brady violation, ought to have resulted in a brand new trial for Mr. Zhang. However the decide extremely denied the protection movement.
It appears unfair for the federal government to convict Mr. Zhang and Yu Ailun based mostly solely on the testimony of the perpetrators, You You and David Yu.
The sentencing hearings for Mr. Zhang and Allen Yu are scheduled to happen earlier than the listening to. Carol B. Amon, Could 22, 2024.
