Davis Paroles 1st Male Murderer

Gov. Gray Davis for the first time in his tenure paroled a man convicted of murder, concluding Monday that a leader of the Hmong community in Stockton should be freed, 15 years after he shot and killed Christopher Dabbs, 21.

At the same time, Davis decided to keep five other men in prison. His decision overturned rulings by the Board of Prison Terms that would have freed the men convicted of second-degree murder for crimes in the 1980s.

Davis’ decision to grant parole to Chu Ly, 71, was only the third time since he took office in 1999 that he has approved parole in a murder case. He has considered more than 220 parole cases. The other two killers to win parole were battered women who had been convicted of killing their abusers

In agreeing to Ly’s release, Davis reversed a decision he made in January to deny parole. Ly was convicted of the 1987 killing of Dabbs, who had vandalized several vehicles in Ly’s neighborhood.

Davis now said he had concluded that Ly posed no danger to society and had strong family support in his adopted hometown of Stockton. As part of his written findings, Davis cited evidence of “repeated provocation and lack of police intervention” to protect Hmongs against vandalism.

“Mr. Ly and the Laotian community in which he was respected as an elder were long-suffering victims of hate crimes by persons who, according to the deputy district attorney, hated Asians and blacks,” Davis wrote in the five-page decision dated Friday but announced Monday.

The decision was lauded by the Stockton police chief and a current leader of the Hmong community.

The governor, who has honed his tough-on-crime credentials by repeatedly denying parole to convicted murderers, cited letters from the Stockton police chief, the judge who presided over the case and the original prosecutor, all supporting Ly’s release.

“This decision reflects the governor’s view on this particular case,” Davis spokesman Byron Tucker said, noting that Davis’ decision does not reflect a softening of his stand generally opposing parole. “Gov. Davis has always evaluated parole cases independently on their own merits.”

Attorneys for inmates repeatedly have challenged Davis’ decisions on parole, arguing that he improperly has a blanket policy against granting releases.

Earlier this month, the state Supreme Court rejected one such challenge, ruling that governors have wide latitude in deciding parole cases. The court concluded governors need only some evidence to support their decisions to deny parole.

Based on that decision, Davis had little choice but to free Ly, said Deputy Dist. Atty. Robert Himelblau of San Joaquin County, who appeared at Ly’s parole hearing earlier this year. “What is the justification for keeping him in prison?” Himelblau asked. “You can’t find anything. If anybody should be released, it should be this guy.”

Ly had significant status among his fellow immigrants, having served as a captain on the side of the U.S. armed forces and the CIA in the war against communists in Laos.

He and other Laotians had complained for more than a year to police about vandalism of their cars. On the night of killing, Dabbs and a friend had been riding through Ly’s neighborhood on a bicycle, smashing cars with a baseball bat. Ly called police, only to be told that officers would not respond unless he had apprehended a vandal.

Ly ran out and, speaking in his native tongue, shouted for the vandals to stop. When they rode off, Ly fired a shot, intending to scare them. The bullet hit Dabbs in the armpit and entered his head.

Dabbs’ friend told police that after shooting Dabbs, Ly said, “Good.” Ly denied making such a comment, noting that he didn’t speak English at the time. A cultural clash also played a part in Ly’s refusal to plead guilty to a lesser charge of involuntary manslaughter. Davis, again quoting the prosecutor, said Ly feared he would be “taken out and shot” if he admitted complicity in the killing.

In his first review of the case in January, Davis concluded that the motive for the murder was trivial, and that Ly should have allowed authorities to handle the vandalism.

In a second hearing, Stockton Police Chief Edward Chavez sent a letter and Himelblau testified to clarify circumstances surrounding the crime.

“Prosecutors have provided a very different picture of the circumstances surrounding the shooting,” Davis wrote. “Also, I believe that the repeated provocation and lack of police intervention placed Mr. Ly under significant stress that had been building over a long period of time.”

Ly is expected to freed from the state prison at San Luis Obispo in March.

“The community will be happy that he will be released,” said Chieng Lo, of the Lao Family Community of Stockton, which advocated Ly’s release.

Stockton Police Chief Chavez called the governor’s decision appropriate. He said the murder of Dabbs was not justified” but added that the police force in 1987 was not as aggressive as it is now in investigating so-called hate crimes.

He also noted that Ly was a “target of crime because of who he was.”