Emotions raw in California at justice rally for boy fatally shot in car seat

Hundreds of community members rallied Monday outside the Alameda County Courthouse to seek justice for Jasper Wu, a 23-month-old boy who was fatally shot as he slept in his car seat during a freeway shooting in 2021.

Standing on the steps of the courthouse and holding signs high, the diverse crowd chanted "Justice for Jasper" in unison, and "He is a baby", and "We are angry".

They demanded that Alameda District Attorney Pamela Price, the first black DA in Alameda, who recently took office and is in charge of prosecuting Wu's case, to explain how her office will handle the case and whether the three suspects will face jail time.

Jasper, born to immigrant Chinese American parents, was sleeping in his car seat in the back seat of his mother's car on Nov 6, 2021, when a stray bullet hit him in the head. They were driving on Interstate 880 to their home in Fremont when a rolling gun battle among rival gangs erupted on the other side of the freeway.

Jasper Wu died later that day in his mom's arms.

The community became concerned after an internal memo, which indicated Price's intentions in the case, was recently made public.

In the memo, Price has directed her assistant attorneys to "bring balance back to sentencing and reduce recidivism" by not allowing prosecutors to "file or require defendants plead to sentencing enhancements".

Gang activity and gun possession were included as offenses to be taken into judicial consideration for a reduction in prison time.

In a recent meeting with Jasper Wu's parents, Price was reluctant to share what kind of punishment she would pursue against the three suspects.

Wu's relatives contend that Price may drastically reduce charges against the three suspects under her new policies.

An Wu, Jasper's mother, talked to the media after the meeting with Price. "I worry it won't be the full extent of sentencing. I cannot stop worrying about the possibility of her (Price) not pursuing the maximum penalty to the three suspects and bringing justice," she said.

The suspects — Trevor Green, 22, of Richmond; Ivory Bivins, 24, of Vallejo; and Johnny Jackson, 28, of Richmond — all have criminal records. They were arrested in December and charged with murder, shooting at an occupied vehicle, and committing a felony in possession of a firearm in the freeway shooting. They were scheduled to appear in court Monday.

They were arrested in late 2022, during the final weeks of former district attorney Nancy O'Malley's tenure. The men were initially charged with special circumstances murder, making them eligible for sentences of life without parole if convicted.

In a written message read to the public at Monday's rally, An Wu reiterated her stance as "a mother" that "I would like to see the maximum sentencing to the fullest extent be charged in Jasper's case under the law. I don't want another family to go through this."

In a pre-recorded video released to the public last week, Price defended herself. "There are a lot of rumors buzzing through this community," she said. "Much of it is simply not true. Some people, including reporters, are saying things that are not based on facts.

"I want to clear the record. I assured the parents of Jasper Wu that the men we believe are responsible for his death are charged with serious crimes, and they will be held accountable," Price said in her statement. She also said "we have not made any decisions about what charges to pursue, or not to pursue".

"What I saw in that video shocked me — it outraged me," said Bobby Ye, who helped organize the event, along with the National Asian Pacific Islander Prosecutors Association, reported the East Bay Times.

Butch Ford, a veteran prosecutor in Alameda County who was directed by Price to take paid administrative leave for at least 13 weeks, spoke out at the protest. He said that although some warned him not to talk publicly, he believes "silence toward crime itself is crime". He called on Price to act because, "This is about victims," he said. "This is about the safety of our community."

Ford said that the prosecutor handling Wu's case had recently been reassigned.

Yang Shao, a Fremont City Council member, accused Price of being lenient on criminals by "putting killers and attackers back to the street", causing public safety issues.

Shao emphasized that the rally for Jasper took place as Eliyanah Crisostomo, 5, was fatally shot by a stray bullet on the same freeway on Saturday afternoon when she was riding in the car with her parents to join a family birthday party.

"Price is the DA for Alameda County, and she should have known the chilly chain reactions if she continues her wrong policies," Shao said. "We need to hold her accountable."

In another video, Price said: "This particular tragedy is being used by people with a political agenda. Racist messages that my office has received and directed at me are unprecedented."

Shao replied: "It is Price who is using race and politics in this case to avoid bringing the long-due justice for the Wu family. Justice is justice. A good DA always will uphold justice regardless of race, skin color and politics of suspects."

"Who are those 'people with a political agenda?'" asked Chen Xipeng, chairman of the Oakland Chinatown Chamber of Commerce.

"Actions speak louder than words," said Yajing Zhang, a member of the Fremont Board of Education who attended the rally. "If Price does not do her work as the DA, she'd better understand that voters can recall."