SANTA
ANA, Calif. (AP) — Two women who kicked to death another woman outside a
bar were sentenced Friday to six years in prison by a judge who
chastised them for not walking away and denounced bystanders who shot
cell phone video rather than break up the melee.
Candace Brito,
27, and Vanesa Zavala, 26, cried softly as the judge also ordered them
to pay $5,000 each in fines and a combined $3,500 in funeral costs to
the family of 23-year-old Annie Kim Pham, an aspiring writer and
newlywed who was taken off life support and died two days after the
fight earlier this year.
Family
members of the two defendants and Pham fought back tears as Orange
County Superior Court Judge Thomas M. Goethals said the case was a
horrible tragedy for all involved. He decried bystanders who shot cell
phone video of the January fight but did not intervene. The footage was
key evidence at trial.
"Why
didn't you two walk away? You're not gang members. You're not fighters.
You had been essentially law-abiding, nice young women," the judge said,
raising his voice. "And yet ... you were all in the fight up to your
elbows. If any of you had just swallowed your pride and walked away none
of us would be sitting here."
Brito
and Zavala had been charged with second-degree murder, which would have
carried a possible life term, but a jury in July opted for the lesser
conviction of voluntary manslaughter. The two faced a minimum of three
years and a maximum of 11 years in prison.
Katie
Nguyen, Pham's stepsister, recalled holding Pham's hand as she lay in a
coma in the hospital. Pham's family later donated her organs according
to her wishes.
"I remember crying so much my eyes were unable to produce any
more tears," Nguyen said. "She needed to grow old, have kids and see me
get married — but that would not happen."
Brito said she prays each day to Pham, asking for forgiveness, and Zavala — who has a 4-year-old son — said as a parent herself she can't imagine Pham's father's pain.
"I will live with this for the rest of my life. I know that you will never forget this, but I hope someday you can forgive," Brito said shortly before the sentence was read.
According
to trial testimony, the fight began as Pham and her friends waited in
line to get into a hotspot in downtown Santa Ana called The Crobsy.
Brito, Zavala and their friends were leaving the bar and the two groups
bumped into one another.
According
to testimony, Pham and Emilia Calderon, a friend of Brito and Zavala's,
exchanged words and then Pham swore and threw the first punch, starting
a fight that quickly turned into a chaotic melee involving dozens of
people. As Pham and Calderon wrestled on the sidewalk, prosecutors said
Brito and Zavala kicked her in the head.
Calderon was not charged in the case.
Zavala's
attorney, Kenneth Reed, argued that his client didn't kick Pham and
that punches from other people might have killed her.
Brito's attorney, Michael Molfetta, argued his client reacted in self-defense because she thought her friend was in danger.______
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Elle13Diane... There are people in jail for less than murder... with more time than these two. What is justice to you? What is the difference between victimless crimes (and jail) and crimes with victims who are dead (and jail) for murder... ? Fair? Justice? Let me know your "opinion" on laws where punishment matches the crime? Very interested! Also: NFL Rice... Who knocked out his now wife and dragged her lifeless body out of a elevator and did nothing: a battery charge for most anyone, jail time for the no name , yet him: not serving one day of jail time. Why? Umm... Justice is interesting.Expand Replies (4) Reply
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JoyceE12The Asian people have always taken care of their elderly. I feel for the father of the victim as he might have been depending on help in his old age. I think the murders should kick in money for his retirement and have money taken out of their earnings when they get out for the rest of the father's life. Just like child support. If they don't work, which is highly likely, take it out of their welfare check or their husbands wages. Maybe that will make some man think twice about marrying them if he knows that is the price he has to pay. I'm guessing that the state of California is raising the child of one of the murderers.Reply
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Redneg166Kenneth Reed give me a break, I know you have to defend your clients but please, do not try and diminish what your clients really did, the video show what they did and I believe they are lucky to just get manslaughter. These two can cry all they want, but they have poor decision making skills, and poor judgement, maybe a few years in prison will make them realize that life is precious and the life you take will effect others.Expand Replies (5) Reply
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Starlee133I honestly never understood anyone who would have to prove themselves by fist fighting, I am the same age as one of the these lady's and I have honestly never gotten in a fist fight in my whole life, if someone wants to fight like an animal then I just walk away or call the police, who has time for that? Whats really sad is people rather take out their cell phones and record then try to stop anything or try to help, I don't know if people are becoming worse but it sure feels like it.Expand Replies (12) Reply -
blah137More example of lives being ruined because one party or the other couldn't walk away.
The judge put it best when he said, "If any of you had just swallowed your pride and walked away none of us would be sitting here."
Now 2 people will be in jail and have a criminal record for the rest of their lives and 1 is dead, never to have gone to college, get married, travel, raise a family, and so on...
So who really won?
I guess the 2 girls going to jail can take solace in the fact that they won, even as they sit in jail.Expand Replies (14) Reply -
a;lskdjf;alskdjf;alskdfj137In this case, a 3 vs 1 tipped the disparity of force towards the attackers. You cannot argue self defense if there were 3 women vs one lady- who did not have any weapons or spectacular combat skills. These two ladies got lucky the jury went with the lower sentence. In most cases, if it's not self defense it will be either a manslaughter or murder charge. The two ladies, their attorneys and jury need a review on the laws of deadly force and penalties.Expand Replies (6) Reply
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Richard20Santa Ana where it is 99.9% hispanic. I am not surprised it wasn't ruled aggravated assault and the two women get probation. Good lesson to all the cute little Asians out there, know your territory and don't pretend to be a wannabe cholo. Expect the family members to rally/picket/demonstrate, a lot of that goes on in the area. Residents complain that there is no police presence, police start hanging out, then banger's parents complain that their son's are being profiled, picked on. Don't get me started on the undocumented residents in Santa Ana.Reply
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Tracy138^ years for killings someone?I have seen people get more for stealing food to feed there hungry family's.I just do not understand how it could be dropped from 2nd degree to manslaughter? This is what happens when people have been drinking they become super man and can whip the world.Alcohol takes over a persons ability to think no matter who you are.Alcohol is the number 1 Killer of drugs but yet it is legal this case here shows exactally how alcohol takes over a persons ability to think.Expand Replies (14) Reply -
WTH117Step back and look at it this way. You went to a bar to have fun and relax. You get into an argument with someone. Instead of leaving the situation with a few words, you beat that person and she dies. In the end, those few minutes of stupidity cost you the heartache of knowing that you killed someone over something so stupid, $5000 in fines, and 6 years in prison.
Now I ask you, was it worth it? You couldn't just tell the victim off and walk away, and go on with your life? You had to beat her to death and ruin your own life? It can take less than a second to ruin the rest of one's life. It took these girls a few minutes to do the same.Expand Replies (5) Reply -
Jack211.6k6 years?! For killing someone with witnesses and caught on tape?! No wonder why there's so much violence. People have been in jail longer for possession...Expand Replies (81) Reply
