Chinese-American delivery driver robbed and killed in California, African-American man gets lighter sentence, sparks controversy
Photo credit: ABC News
At 10:56 a.m. that morning, a man dressed in yellow and a man dressed in black approached Feng Ganhe's silver sedan, which he was driving, parked on the side of the road near 13th Ave & East 21st St. in Oakland, California, waiting to deliver food to a customer. The two men, Major Willis, 21, and Tristen Bengco, 18, opened the door of the car and demanded that Fung get out of the car and attempted to force him out of the car. During the struggle, Tristen fired her gun, and the incident lasted only five seconds. Fung was killed instantly, and the robbery and murder shocked the entire neighborhood.
Photo credit: ABC News
Initially, Major Willis was charged with Fung's murder. But last November, Judge Thomas Reardon granted a defense motion to dismiss the murder charge, claiming that Major was not legally responsible for the actions of his accomplice, who is believed to have fired the shots that caused the fatal injuries, and that Major had agreed not to plead guilty to attempted carjacking. He is expected to be sentenced Sept. 19 to 30 months in prison, court records show.
Co-defendant Tristen Bengco, who was 17 at the time of the shooting, was indicted in juvenile court.
Major's attorney argued that the shooting was accidental and that Major could not have prevented Tristen from committing the act. The defense conceded that Major knew Tristen was carrying a gun that day and later admitted as much to police.Major's attorney wrote in court documents, “Whether Major stood next to the shooter or a block away made no difference in stopping Tristen's impulsive and unplanned shooting. ”
Prosecutors, however, noted that Major and Tristen were “in agreement” on how to carry out the robbery, including the use of firearms. After the killing, the two men fled the scene and left the car behind. Prosecutors emphasized that both men chose not to help Feng Ganhe as he lay dying from his gunshot wounds. Deputy District Attorney Emily Tienken wrote after the murder charges were dismissed, “This demonstrates a lack of empathy to the point of indifference to human life.”
While the case hangs in the balance, Major, who has been in jail for nearly two years and has a proven record of good behavior, is unlikely to be held in custody for long, although the actual time to be served will still have to be calculated by the judge at the sentencing hearing. The verdict was widely disputed, with questions being raised about whether justice had been fully served.
