2 Teens in Tay Slaying to Be Tried as Adults, Judge Rules : Courts: The heinousness of the crime is cited as a reason for the ruling, which makes Mun Bong Kang, 17, and Abraham Acosta, 16, eligible for life without parole.

A judge on Tuesday ordered that two juveniles, accused along with three others in the brutal New Year’s Eve slaying of honor student Stuart A. Tay, be tried as adults, making them eligible for life without parole if convicted.

Juvenile Court Presiding Judge Francisco P. Briseno ruled that because of the heinousness of the crime, Mun Bong Kang, 17, and Abraham Acosta, 16, should be treated as adults, despite evidence showing their mental limitations.

Tay was bludgeoned with baseball bats and a sledgehammer in a Buena Park home. His killers then poured rubbing alcohol down his throat and buried his body in the back yard.

After reviewing psychiatric reports on the two suspects--and, in Kang’s case, hearing testimony from the defendant himself--Briseno decided that even though the youths have no previous records and probably could be rehabilitated within the juvenile system, the gravity of the charges warrant sending them to adult court.

“This is an extremely brutal taking of life,” Briseno told a courtroom crowded with the suspects’ relatives and a group of about a dozen of Kang’s friends from a local church.

Referring to Acosta--who told police that he beat Tay with a baseball bat and helped dig the hole in his back yard where Tay was buried--Briseno said the crime “is so morally reprehensible” that the suspect is unfit for Juvenile Court “under any circumstances.”

During his hearing, Acosta sat hunched over, his handcuffed hands covering his face, rocking back and forth in the chair. After the judge’s ruling, Acosta’s attorney rubbed his back and his mother gave him a peck on the forehead before the bailiff whisked him away.

Kirn Kim, the 17-year-old who police believe served as the lookout during the 20-minute beating of Tay, today faces a similar hearing to determine whether he will stand trial as a juvenile or an adult.

Also this morning, Charles Choe, 17, is expected to change his plea to guilty of first-degree murder in an effort to remain within the juvenile justice system. He is also expected to testify later against the others.

The fifth defendant and accused ringleader, Robert Chan, 18, has pleaded not guilty to first-degree murder and remains in Orange County Jail. He could face the death penalty.

Attorneys said Tuesday that Choe, who told police he helped Chan plan the murder but never actually assaulted Tay, was the only suspect to whom the district attorney offered a plea bargain in exchange for his testimony. By pleading guilty in Juvenile Court, Choe will ensure that he is in jail only until his 25th birthday.

Were he convicted as an adult, he, too, could face life without parole.

“He’s going to be the D.A.’s darling,” Kim’s attorney, Allan H. Stokke said of Choe. “He’s going to be given a D.A.’s sweetheart deal.”

Deputy Dist. Atty. Lewis R. Rosenblum and Choe’s lawyers refused to comment on the case, citing the confidentiality rules of Juvenile Court. But the other suspects’ attorneys speculated that Rosenblum offered Choe the deal because he needs someone to testify that Chan orchestrated the crime.

The other four suspects now face stiffer penalties because the prosecutor has filed special circumstances charges of “lying in wait.” Chan is also accused of poisoning Tay, and Acosta is charged with the special circumstance of murder for financial gain.

At Tuesday’s hearing, Kang testified that he was unaware of Chan’s plot to kill Tay and that while the events were taking place, he was confused about whether it was reality or a dream. Psychologists told the court that Kang suffers from a language processing disorder that makes it difficult for him to sort facts clearly and make judgments quickly.

“I didn’t know that (Chan) was going to kill him,” Kang said. “I thought they were going to beat him up. (Chan) told me he didn’t like” Tay.

Kang testified that he saw the hole in Acosta’s back yard and stood in an adjacent room hugging Choe as Acosta and Chan beat Tay. He told the court that at Chan’s request he helped wrap Tay’s body in sheets and bury it, divided the money in Tay’s wallet among the suspects, and drove with the others to Compton, where they deposited Tay’s car as a decoy to the police.

Kang said he spent his portion of the money--$48--on pizza and entertainment. When Rosenblum asked whether Kang had a good time at a party he attended later that night at the Beverly Hills Hilton, the suspect replied: “I guess.”

“I thought it wasn’t real,” Kang said of the New Year’s Eve killing. “I thought, did that happen or not?”