Asian Man’s Case Triggers Outcry : Activists Contend Many Wrongfully Held

Community activists said Thursday that the case of Tu Anh Tran, a college student charged with the murder of a friend who was shot by an off-duty security guard during a fight, epitomizes a growing trend in Orange County of police wrongfully identifying Asian Americans as gang members.

“Tu’s case focuses on a number of college students whose dreams were disrupted by being at the wrong place at the wrong time,” said Dan Tsang, a co-founder of the Alliance Working for Asian Rights for Empowerment. “There’s a growing problem of Asians being wrongfully put in jail because they were labeled as” gang members.

Tran, 22, of Garden Grove, pleaded guilty Wednesday to voluntary manslaughter in connection with the death of Kinh Van Chu, 37, a friend who was shot by the guard during a fight at a Westminster restaurant last April. In exchange for his plea, Tran was sentenced to three years’ probation and released from Orange County Jail.

Tran originally was charged with murder, attempted murder and attempted robbery and faced a possible life sentence if convicted. Police alleged that he was part of a group of men who attacked the security guard and tried to steal his handgun. Authorities ruled that the security guard had acted in self-defense when he fatally shot Chu and wounded Tran in the back.

Tran’s case has triggered an outcry from jailed youths protesting that they were wrongfully arrested, AWARE members said. The members contend that many Asian Americans are wrongfully suspected of crimes because of cultural differences.

But Westminster police Lt. Andrew Hall pointed out that arrests cannot be made without probable cause, otherwise the cases would be invalid in court. He said Westminster police act appropriately in arresting suspects.

“We’re very cognizant of people’s civil rights,” he said, noting that gang activity is on the decrease in Westminster. “We realize we’re playing within a lot of rules too.”

Flanked by AWARE members at a news conference at the Pacific Asian Community Center, Tran alleged that during his nine months in custody, a jail deputy beat him and that jail officials denied him any medical attention for his gunshot wound. A bullet is still lodged in his back, he said.

“My wound got infected. . . . It was a nightmare,” Tran said. The experience is “going to stay up in my head for the rest of my life. (The fight) is never over for me.”

“Now Tu is free and we are willing to continue to find the truth--justice--for Asian youths,” AWARE member Kim Ha said. “We don’t support gangs. We are trying to fight police harassment.”

In the meantime, Tran said, he hopes to help other jailed or at-risk youths understand the law.

Also attending the newsconference were Westminster Councilman Tony Lam and the parents of the victim, Chu.

Tran and Chu had struck up a friendship weeks before the shooting, said Hoi Mong Do, Chu’s mother. She said the two were like brothers and were out for beers and a game of pool the night of the shooting.

“I am happy Tu is free,” she said.

Lam said he will help in a community fund-raiser aimed at assisting Tran in seeking medical care for his gunshot wound and re-enrolling at Rancho Santiago College to complete his degree.

“We want to help him return to school and regain his life,” Lam said.