Mistrial Declared in Penalty Phase of Asian Boyz Case

Van Nuys jurors could not agree Wednesday on whether four Asian Boyz gang members deserve to die for a 1995 series of killings, leaving uncertain whether prosecutors will seek to retry them or settle for life sentences.

With the jury split, Los Angeles County Superior Court Judge Darlene Schempp declared a mistrial, meaning the defendants will be sentenced to life without parole unless prosecutors decide to again seek the death penalty.

Defense attorneys, believing that a retrial is highly unlikely, claimed victory.

“I feel like I’ve been reborn,” said Jack Stone. He had argued that his client, Roatha Buth, should be spared execution because he suffered from post-traumatic stress syndrome caused by living in Cambodia as a child when the brutal Pol Pot regime killed hundreds of thousands of people.

Deputy Dist. Attys. Laura Baird and Hoon Chun said the jury’s decision does not change their belief that the defendants deserve death.

“They’re responsible for so many victims. There was no reason for it, and they took great pride in it,” Baird said. “They enjoyed killing.”

Jurors told the attorneys that the young age of the defendants, and sympathy for their Southeast Asian experiences, did not excuse their crimes. But they could not all agree that the murders warranted the death penalty.

The other three defendants whom jurors could not agree on were Son Thanh Bui, Sothi Mehn and Bunthoeun Rroeung.

Last month, the jury convicted seven members of the gang for their roles in a series of shootings that left six people dead.

Schempp has already sentenced the three defendants who were not eligible for the death penalty.

In the hallway after court, members of Buth’s family said they were relieved that his life was spared.

“I just hoped for the best” during the trial, said Lakina Westphal, Buth’s sister. “I don’t know how I react. I still need to take it all in.”