Countywide : Indictments Sought Against 5 in Slaying

A legal move by prosecutors to seek indictments against five youths charged in the slaying of honor student Stuart Tay was criticized Wednesday by a defense attorney, who called it an abuse of grand jury powers.

Defense attorney Allan H. Stokke said it was too early to seek indictments when the Juvenile Court has not yet determined whether four of the youths will be tried as adults.

“It’s an abuse of the process,” said Stokke, noting that defense attorneys are unable to question witnesses during grand jury proceedings and no preliminary hearings will be held in open court if the youths are indicted.

Nevertheless, a preliminary hearing is scheduled today in Municipal Court for Robert C. Chan, 18, the alleged ringleader of the group charged with the slaying. An indictment against the youths would postpone the hearing, however.

Because of the charges against him, Chan is eligible for the death penalty, although prosecutors have not announced whether they will seek that punishment.

The Orange County grand jury was expected to begin hearing testimony Wednesday against Chan and the four juveniles charged with the New Year’s Eve murder.

Grand jury hearings are conducted in private, with prosecutors presenting evidence.

If indictments are returned, prosecutors would bypass lengthy court hearings and could proceed with one case involving five defendants. Currently, prosecutors have one case against Chan and a separate one against the four juveniles.

The district attorney’s office declined to comment Wednesday.

A hearing is scheduled Tuesday to determine whether Abraham Acosta, 16; Charles Bae Choe, 17; Mun Bong Kang, 17, and Kirn Young Kim, 17, will be tried in adult court, where penalties are more severe.

All have pleaded not guilty.

Authorities say Tay was lured to a Buena Park home, bludgeoned with a baseball bat and had rubbing alcohol poured down his throat. He was then buried in a back yard, where police later unearthed his body, officials said.

Police believe Tay was planning a computer heist with the five youths, who turned on him after they learned he was using a false name.