Robber Sentenced to 32 Years in Fatal Shooting of Partner

A man convicted of robbing a Little Saigon fabric store--during which crime an accomplice was fatally shot by a victim--was sentenced Friday to 32 years to life in prison.

Dung Van Mai, 26, was sentenced on four counts of robbery and one of first-degree murder. The latter conviction stemmed from a state law holding him responsible for the death of his partner, even though he did not pull the trigger.

Prosecutors said Mai will not be eligible for parole until he serves at least 22 years in prison.

According to testimony at the trial, Mai and Bao Hoang Lau burst into the Westminster fabric store and gold exchange on June 28, 1991, shouting, waving guns and pistol-whipping employees and the owner. Two employees resisted, one of whom had a hidden pistol. In the struggle, Lau was killed and Mai wounded.

Because the issues of “vicarious liability” and “provocative acts” made the first-degree murder conviction so unusual, Judge David O. Carter acknowledged that the ultimate conviction and sentence will probably be decided by the California Supreme Court.

Carter cited a pre-sentencing report about Mai, which included previous thefts and drug use, in deciding that the defendant clearly represents “a danger to the community.”

The probation report, Carter said, suggests that Mai be held under “absolute maximum security,” because he probably represents an escape risk and is likely to become involved with prison gangs.