MARTINEZ — The sentencing of a Richmond man convicted of first-degree murder, second-degree robbery and possession of a firearm was delayed a week due to the late delivery of probation reports.
During trial at the A.F. Bray Courthouse in Martinez on Friday, attorney Daniel Cook said he did not receive the presentence investigation report with sufficient time to peruse the details with his client, 20-year-old Marcellus Lewis Allen.
Allen is facing 25 years to life in prison in the murder case of 24-year-old Jinzhou Chang, a Contra Costa College student and Chinese immigrant robbed and killed after sustaining three gunshot wounds to the head, stomach and back the afternoon of July 30, 2007 in El Cerrito.
Having the opportunity to scan the report during recess, Cook said there were “significant issues raised in the report” and a few days were needed to determine prospective objections.
Judge John W. Kennedy approved the reschedule, yet ruled against Cook’s motion for a new trial with reasoning that the defendant was deprived the rights to a fair trial based on the fact that jurors reached verdict before receiving all scheduled testimonies.
This fact was not found to be true, Kennedy said, and sentencing will resume Friday at 10:30 a.m. at the Martinez courthouse.
At the hearing last Friday, Deputy District Attorney Mark A. Peterson did not object to the delay in sentencing, but requested that Rebecca Sinton, a friend of the victim’s father, be allowed to present the older Chang’s written statement to the court.
Huiquan Chang, Jinzhou’s father, shed tears as Sinton read the letter, which she translated from Mandarin to English before the trial.
Huiquan moved to the United States from China nine years ago as a single parent dreaming of freedom, democracy and hopes of a better life for himself and his only child.
He raised his son to the best of his abilities and encouraged him to pursue a good education and be a good person. Jinzhou planned to transfer to UC Davis, worked in an after-school program and often helped his father with rough construction jobs.
Huiquan has doubted his decision to move to America since Jinzhou was murdered, as they renovated an apartment complex together near the intersection of Belmont Avenue and Lassen Street in El Cerrito.
Three robbers confronted Jinzhou as he washed a bucket outside of the complex, Peterson said, and he was shot shortly after they went through his pockets.
“A civilized society would not allow this kind of a crime to exist,” Sinton read from the statement. “I don’t know if I’ll ever be able to accept the fact that (Jinzhou) was taken from me in this hideous manner.”
Four people were arrested in connection with the crime within a week of the murder, Peterson said.
Contact Holly Pablo at hpablo.advocate@gmail.com
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