Don’t jump to conclusions on Asian-perpetrated gun violence

By: Amelio The · March 23, 2010 · Filed Under Criminal Law, Diversity in Law, International Law · Add Comment 

Commenter Lynne rightly points out that even we perhaps jumped to conclusions in the case of Philadelphia law student, Gerald Ung. In January, we linked to Above the Law coverage of Ung, who had been arrested after shooting a man six times in the wee hours of the night. The story had described the incident as “(If true), not the first time an Asian-American law student in Philadelphia has gone on a shooting spree.”

This description perhaps buys into the stereotype of the crazed Asian student who suddenly explodes. Certainly, Virginia Tech is called to mind. Unfortunately, in Pennsylvania, the Ung case coincided with the sentencing of another Asian law student, Joseph Cho. In 2007, a schizophrenic and bi-polar Cho had shot at his neighbour’s front door because he had thought they were terrorists.

Above the Law has since redacted its article in the face of the possibility that the Asian-American shooter in this case has a potentially viable justification and legal defence. As details of the incident emerged, Gerald Ung has appeared less and less likely to fit the mold of the “typical”, mentally unhinged Asian.

First, security video that captures the shooting paints a picture far removed from the image of a crazed law student who snapped. The video shows Ung and a female friend being pursued by the shooting victim and a group of others. Ung is seen drawing the gun after the female friend is shoved – all the while, still retreating. When the victim rushes Ung, the gun discharges and continues to do so as both tumble to the ground.

After the shooting, reporters say the video depicts Ung remaining with the victim and calling 911 from his cell. As such, the video at least arguably portrays a justifiable act of self-defence rather than criminally condemned conduct.

Next, details of Ung and the victim themselves came to light.

On one side, a spokesperson for the victim’s family has said that the victim is considered a hero who stepped in front of the gun to save the lives of his two friends. He was a varsity lacrosse player who considered himself invincible. He has since been cleared of life-threatening injuries.

On the other hand, friends of Ung have also spoken out, insisting that the portrayal of Ung as a disturbed individual is simply inaccurate.


“Gerald is not a gun-happy, overstressed law student waiting to go postal,”
one friend, Ernest Apaga, said in an e-mail.
“He is extraordinarily gregarious and dynamic, and there is no doubt in my mind that his friends and professors at Temple are scurrying to figure out how to get him the proper legal counseling and funding he’ll need.”

“Many of us met Gerald in Northern Virginia as children. Many of us met him in college in Rochester, New York. Some of us became acquainted with Gerald at law school at Temple University in Philadelphia. Everyone who meets Gerald is instantly drawn to his charismatic, intelligent, self-sacrificing, warm, and loving personality.”

The Facebook group supporting Ung has 520 members. Ung’s fellow law students at Temple have also established a defence fund.

Nevertheless, Ung has been charged with criminal attempted murder, aggravated assault, carrying a firearm without a licence, possession of a weapon with intent, assault, and reckless endangerment. As the case proceeds towards trial, no doubt we’ll be hearing much more about both Ung and the victim. The preliminary hearing is schedule for April 16th. However, what is already clear is that this story is much more complicated than just another crazed Asian gunman.

Montrealers Riot After Police Fatally Shoot Teenager

By: Lawrence Gridin · August 11, 2008 · Filed Under Criminal Law · 2 Comments 

In a situation reminiscent of the Paris riots of 2005, an angry mob took to the streets of Montreal last night, looting stores and attacking emergency services workers after police fatally wounded a teenager on Saturday.

Montreal Riot - Riot police look on as fires burn

According to police, in the course of making an arrest in Henri Bourassa Park, several officers were surrounded by a large group of teenagers. The officers felt threatened, and when some of the youths charged at them, the police opened fire. Three were shot.

One of those shot, 18-year-old Freddy Alberto Villanueva, later died in hospital. The other two are in stable condition.

Diana Serrano, a friend and classmate of Villanueva, said the youths were all friends from childhood who were just protecting themselves:

“I know there are gangs here and there are drugs going on, but … they were only playing marbles, so it’s really not fair what they did. He didn’t sell (drugs), he didn’t smoke, he didn’t drink. … He was really smart. … It’s heartbreaking.”

(Source: Montreal Gazette)

Montreal Riot - Woman holds up RIP sign for Fredy Villanueva, shot by police.

The neighbourhood of Montreal North is home to many immigrants, especially from the Caribbean. Villanueva was Honduran. This has prompted some residents to question whether the shooting was racially-motivated.

The Sûreté du Québec, the provincial police force, immediately launched an inquiry into the shooting.

However, assurances of a swift and impartial investigation were not enough to cool the pent-up anger of the community. Rioting began on Sunday night when protesters set cars on fire, and then threw bottles at responding firefighters.

Some of the rioters then began to smash windows and loot stores. About 20 businesses, one of them a butcher shop, were broken into:

Men and women of all ages could be seen running down the street clutching TVs, cigarette cartons and slabs of meat.

A backdrop of three-metre high fireballs from about a dozen flaming propane tanks illuminated the looters’ paths as they headed down the darkened streets.

An elderly woman carrying her newly acquired stereo laughed with her friend as they made their escape.

Some looters stood on the sidewalk and watched the action, drinking freshly swiped beer from the store.

(Source: CP)

According to police, three officers have been injured in addition to an ambulance worker who was struck in the head by a Molotov cocktail.

On some streets, members of the mob even took up arms and fired on the officers. One of the injured police was shot in the leg and is now recovering in hospital.

“It was sick,” said Patrick Parent, who lives on the street behind the store.

“I had a guy shoot a gun next to me, that’s how bad it was. The guy shot two shots. I ran home. It was terrifying. This was bad. I never thought I would see this in my life.”

(Source: CP)

As of today, calm had been restored to the neighbourhood following the deployment of more than 500 Montreal Police and Sûreté officers.

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