General Crime

* Phuong Ho A San Jose State University Student Gets Crimes Dismissed Because Of Public And Media Pressure DA Feels They Cant Get Jury Support

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Charges have been dismissed against a 20-year-old San Jose State University student who was arrested by police last year following a controversial videotaped confrontation with four officers, the Santa Clara County District Attorney’s Office announced today.The district attorney’s office dropped misdemeanor charges of brandishing a deadly weapon and resisting, delaying or obstructing a peace officer against Phuong Ho, a Vietnamese exchange student at San Jose State University. In a statement released today, the district attorney’s office said, “After a thorough and careful evaluation of the evidence, we have concluded that it is unlikely that twelve jurors would convict Mr. Ho of these offenses.”His attorneys, Glenn Miller and Duyen Nguyen, were not immediately available for comment.Ho was arrested on suspicion of brandishing a weapon and resisting arrest on the night of Sept. 3, 2009. Officers Kenneth Siegel, Steven Payne Jr., Jerome Smith and Gabriel Reyes responded to a report of a man brandishing a knife at one of his roommates at their home in the 100 block of South 23rd Street.Officers Siegel and Payne were captured on a cell phone camera using a baton and a Taser stun gun to control Ho and take him into custody.All four officers were placed on paid administrative leave and a criminal investigation was launched after the video and their actions were brought to the attention of the Police Department nearly two months later.The district attorney’s office will continue to investigate the case and will make a decision whether to file charges against the involved police officers.

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8 Comments

  • What is wrong with you people? I’ve seen the video and it made me feel sick. It was bordering on barbaric, there was absolutely no need to hit him 10 times with a baton(one of the strikes was after the handcuffs were put on him).

    They also tasered him, i could hear him yelping in pain and begging them. It was horrible and i cannot believe that any of you think he ‘got away with’ something. Its these scummy police officers who should be behind bars.

    If you think that beating was justified then i can only wish that you see your parents get the same violent treatment as him. Then maybe you would understand that he had the right to be treated like a human being.

  • I gonna call the police tonight and act the fool then get beat and I will get a chunk of change Ho dont take it all I want in. Im a starving student also.

  • WOW commit a crime fight with the police get the charges dropped because your considered special. Then sue the city for 6 million HEY welcome to America. Keep up the good work American Justice System.

  • Stop your whining its your justice system it may not be perfect but its all there is. You win some you lose some. They did not say he was not guilty they just said they did not think they could find a jury to convict. Don’t forget its a jury of your peers I will let you figure that out. It would cost tax payers way more then its worth. Good call DA office fight the ones you can afford.

  • I saw ho ho admit on TV that he did not do what he was told because he was looking for his glasses. I kinda agree it looked bad on video but most arrest look bad when people resist. And I agree!! where is the rest of the video? where is the video of him threatening his roommates? I think this is clearly the race card in play once again.

  • Wow I knew he would get away with it all you need is some group to yell foul and you can almost get away with murder and sometimes even that. It is shameful that the DA in Santa Clara County charges by political pressure instead of doing what is right. I think Ho should be charged with not only the crimes HE DID but the officers should sue him for causing all this problem. If he did what he was told then none of this would have happen. Since they are not charging him with the brandishing are they charging the roommates for making a false police report? how come they have not shared the video of him brandishing knife at his roommate? that is a dumb question its because it would show him committing a crime and make him look bad? this was never a race thing but the media and the viet community made it that, so they could make excuses for this guys actions and slam the police. Why are we over in other countries telling them how to behave when right here in our own country we dictate what are police will do by media and special interest groups. If this guy is so innocent then lets see the whole video all of it. That just will never happen so as the saying gos if you got nothing to hide?

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