Judge Allows Bail for Youth Charged in Killing of Student

A judge ruled Thursday that one of four teen-agers to be tried in the killing of a Foothill High School honor student poses no serious flight risk and set bail for him at $750,000.

Kirn Young Kim, 16, will have no problem posting property worth at least twice the amount of his bail by next week, his attorney, Allan Stokke, said after the ruling by Orange County Superior Court Judge Kathleen O’Leary.

Fifteen people, including three of Kim’s relatives, offered Thursday to put up their Los Angeles and Orange County homes to help him raise bail money.

The mother of Stuart A. Tay, the student that the teen-agers are accused of killing, said in a telephone interview that she was “totally shocked” by the news that Kim could be released.

“How could he be let out?” Linda Tay said. “I would give double $750,000 to have my son back.”

Police believe that Kim served as lookout while the others beat Tay with baseball bats and a sledgehammer, then poured rubbing alcohol down his throat, taped his mouth shut and buried him in a Buena Park back yard on New Year’s Eve.

Kim confessed that he was present when the group rehearsed the killing, a psychologist testified during a February hearing to determine whether Kim should be tried as an adult.

He and three other Sunny Hills High School students are scheduled to go on trial in September. A fifth student has pleaded guilty to the murder and agreed to testify for the prosecution.

Deputy Dist. Atty. Greg Prickett said Thursday that he may appeal O’Leary’s ruling, which would delay Kim’s release.

Ron Brower, the attorney who represents defendant Mun Bong Kang in the case, said he would file a bail motion within two weeks. Denise Gragg, the public defender representing Abraham Acosta, said her client would not be able to post a large bail amount.

Robert Chan, 18, the accused ringleader and the only adult in the group, faces a possible death penalty and is not eligible for bail.

Charles Choe, who is to testify against the others, is not eligible because he pleaded guilty to first-degree murder in Juvenile Court, where no bail is allowed.

O’Leary discounted testimony Thursday that Kim planned to escape to Korea if released on bail, but the judge seized the passports of Kim and his parents and barred him from leaving the state.