A judge in Alameda, California cleared one of three suspects in the killing of two-year-old Jasper Wu on Thursday, reports the San Francisco Chronicle.
The little one got caught in the crossfire during a freeway shoot-out allegedly between rival gangs in the 2021 murder in Oakland.
“You don’t lose your right to self-defense because you’re in a gang,” Patton said after determining that there was “not a shred of evidence” that Jackson initiated the attack.
Patton believes Johnny Jackson shot back in self-defense.
Jackson’s attorney said her client shot away from Wu’s family vehicle. Her client is still being held on felony gun charges.
“We are so pleased that Judge Patton made the correct legal ruling that Johnny Jackson was not the cause of the child’s death,” said defense attorney Annie Beles to ABC7 News. “Mr. Jackson was a victim of an unprovoked ambush not a perpetrator. All the facts supported Jackson shooting a gun in self-defense.”
The judge Thursday upheld the charges against defendants Trevor Green, 22, and Ivory Bivens, 24, but warned he still had questions about the gang accusations against them. For now, Patton is allowing the gang enhancement charges to remain.
Biven’s attorney maintains his clients innocense.
“The prosecution has the wrong guy sitting at this table,” Ernie Castillo said
Both defense attorneys contest the gang enhancements and said such charges would not have been filed against White defendants.
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