Witness’ Kin Decry Lack of Protection

Relatives of the slain father of the key witness in a gang prosecution blamed Los Angeles authorities Tuesday for not warning or protecting the family, as prosecutors and police pointed fingers at each other over who is responsible for protecting witnesses.

“The P.D. down there already screwed it up by not offering us protection from the get-go,” one of the victim’s sons said from outside the San Jose home where 64-year-old Dong Dinh was shot to death Friday. “We didn’t know nothing. They didn’t tell us nothing.”

Citing a gag order, Los Angeles authorities refused to discuss why no protection was extended to Dinh, whose other son, an Asian Boyz gang member turned state’s evidence, has implicated seven alleged gang members on trial in Van Nuys for seven murders and 18 attempted murders in 1995.

But authorities disagreed over who is responsible for the protection of witnesses and their families.

“The investigating officer will make a determination of the degree to which protection is necessary,” said Victoria Pipkin, a spokeswoman for Dist. Atty. Gil Garcetti. “The investigator will make a decision and we will support it.”

“That’s not altogether true,” countered Lt. Tony Alba, a spokesman for the Los Angeles Police Department. “We merely present cases to them. They’re the ultimate decision makers about whether protection is provided.”

San Jose police said they were not asked to provide protection for the Dinh family. They said they did not learn about Dinh’s connection to the Los Angeles County murder trial--where five defendants face the death penalty--until after his death.

“Obviously, we would have liked to have known about this,” Sgt. Derek Edwards, a San Jose police spokesman, said. Under similar circumstances, he said, his department would certainly have warned authorities in another jurisdiction of the possible danger.

San Jose police are now providing protection to the Dinh family.

Authorities in Los Angeles have also stepped up efforts at witness protection. Officers in riot gear lined the courthouse Monday and civilian witnesses were being shuttled into court through private back hallways Tuesday, rather than waiting in public places.

San Jose police say the only motive they are investigating is retaliation or intimidation in connection with the Van Nuys trial.

Dinh’s death is the second time authorities suspect the fierce gang has resorted to murder in an attempt to thwart a prosecution. In 1996, another Asian Boyz member-turned-witness was gunned down the day before two other Asian Boyz were set to stand trial on murder charges.

Bunthoeun Roeung, Sothi Menh, David Evangalista, Roatha Buth, Son Thanh Bui, Kimorn Nuth and Ky Tony Ngo have pleaded not guilty to charges related to six shootings that left seven people dead. The trial began last month and is expected to continue until March.

They are being judged by a single jury.

On Tuesday, Superior Court Judge Darlene Schempp asked jurors whether they had seen media reports about the case. They said they had not.

Dinh was killed by an unknown assailant when he answered the door shortly after 8:30 p.m. on Friday. Relatives at the home told police that the killer said nothing before shooting Dinh multiple times in the upper torso.

Authorities said no one saw the assailant.

On Tuesday, visitors streamed in and out of the two-story north San Jose home as several police officers stood guard outside.

A man who identified himself as a son of the victim told a reporter that authorities had told the family not to speak to the media. Standing in front of the door where the shooting took place, the son said his family had no warning from authorities there was anything to worry about.

Dinh’s son, Troung Dinh, finished his testimony Monday with the knowledge that his father had been killed, authorities said.

In exchange for his testimony, Dinh has received immunity for the shootings currently on trial and received a lenient sentence in another shooting.

Defense lawyers took turns attacking his credibility for days, suggesting to the jury that he is falsely implicating his friends in order to save himself.