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Two men sentenced to prison, but walk out of courthouse free
September 11th, 2009, 2:39 pm · 108 Comments · posted by Rachanee Srisavasdi
Sept. 15 note: This entry has been corrected to reflect that the defendants pleaded guilty to voluntary manslaughter. The initial post — which reported the men pleaded guilty to murder — was based on incorrect information provided by the Orange County District Attorney’s office.
A strange thing happened Friday at the courthouse here in Santa Ana. Superior Court Judge Richard F. Toohey sentenced two gang members each to four years and eight months in prison for their role in a mistaken-identity murder. Afterwards, the defendants walked out of the courthouse free men.
Here’s what happened: Aaron Villegas, 22, and Danny Viet Duong, 23, already have been held at Orange County Jail for four years awaiting resolution on the criminal case. In 2006, they pleaded guilty to two felonies: voluntary manslaughter and street terrorism, but for various reasons, their sentencing didn’t happen until today.
So Toohey sentenced Villegas and Duong, but then gave them credit for time served: 1,460 actual days, 219 days for good conduct - totaling 1,679 days.
The credit for time served actually outweighed their four-year, eight-month prison sentences, given that they would have to only serve 80 percent of those terms, said district attorney spokewoman Farrah Emami.
Villegas and Duong — who are now out on parole — were the last of seven defendants to be sentenced in this murder scheme. The main perpetrator, Jason Alejandro Aguirre, 34, of Garden Grove was sentenced to death for his role in the slaying of 13-year-old Minh Tran on a Westminster street on Aug. 12, 2003.
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SICK ! SICK ! SICK !!!!!!!!!!!1
That`s our justice system for ya !!!!!
Isnt that some $hi*?!
If they were sentanced proberly all those years ago, they would have been out ever sooner, so at leat this wasy thet were off the streets for at 4 years, opposed to being sentenced immediately and being back on the streets in 2.5 years, now its time to deport both there asses back from where they came from.
we might as well out source our court system to China and let them deal with our street criminals
At least China may have an expedited legal system. The fact that they did not pull the trigger still makes them guitly by association. I’m sure they weren’t sitting around discussing their physics homework with their buddies when all of a sudden Aguiree decided to go play “shoot’em up.”
so typical of our liberal leftist court system. Plead guilty and do no time
It will get worse under Oscumma
I’m not sure how you can say they did no time if they spent four years detained in prison waiting for the conviction.
They spent all of this time in county jail, not prison and they were awaiting their sentences, not convictions. Either way, not enough time for these two low lifes.
Typical of Brad’s type to tie this to the president. Go ahead and put your hood on and keep it real.
Brad pretends that the GOP wasn’t in control of the White House, the Supreme Court and Congress for the years before Obama.
California has a republican governor. Why don’t you blame him? Or how about you run for office if you think you can do better.
First off, Arnold is not a true Republican. Only in name. You cannot blame him when the government in California is run by Liberal democrats who have been in the majority for years. Hence the out of control spending. Nice try though.
Wat are you smoking? oh never mind it’s the same stuff your buddy’s smoke.
So your buddy Gee Dubya didn’t do a thing to our national debt ey?
Typical… The old “Liberal thing, left/right that” junk. Always complaints, never answers.
So sad, two political groups with extremist nutjobs members keeping the two groups from making any real progress.
Let’s see how long before they are in trouble again. I give them a month!
In summary, two murderers walked free today. Maybe they’re good people now. Yeah.
Well you can’t really be angry i guess, they served their time and in what seems an unfair way. How would you feel about spending time in jail and not knowing the sentencing? What happened to a fair and speedy trial so stuff like this doesn’t happen? Remember everyone, they served their time. Now, the kicker is that they only got 4 years for killing an innocent 13 year old chinese boy?!!? What?!
Yeah, we can too be angry. We have a lot to be angry and frustrated about with the criminal court system. I think the murdered 13 year old was of Vietnamese descent, not Chinese.
To Brady, any Asian is Chinese LOL
Our Justice system needs a complete overhaul. Instead of spending all the time on Health Care Reform we need to spend it on Tort reform and Court Reform. There is no excusse to hold a covicted murder for years through endless repeals before carring out their sentence. What a broken system this is.
This is the only reason that OJ got any time in jail for killing his wife. Sometimes the system works in mysterious ways.
Sweet deal!!! Murder and street terrorism, and you only serve 4 years. I wonder if they now have a “credit” that they can use in the future?
they are scum bags but have been in jail awaiting sentencing..for the last 4 years? they were sentenced to almost 5 years…so they didnt walk out free they servced the time given…?
Our system is all screwed up my husband has been in O.C. Jail for 7 years and still has not went to trial!
Blame that on the attorneys…and your husband for being a scumbag.
LOL!
About 10 years ago I spent two years, in the end charges were dropped. They offered me another charge so I wouldn’t sue. I was so sick I signed even though I didn’t do it and the evidence was not there. I was young and I had a public pretender. They actually caught the other person and they confessed but somehow I had to take something. I just wanted to go home after 2 years of Orange County Jail. And now I work for the government…funny but true. I take it from the 7 years your husband is being tried for either a murder or a three strikes case. Good luck, I hope it works out for you I really do. You have my sympathy.
Hey…that’s uncalled for.
About 10 years ago I spent two years, in the end charges were dropped. They offered me another charge so I wouldn’t sue. I was so sick I signed even though I didn’t do it and the evidence was not there. I was young and I had a public pretender. They actually caught the other person and they confessed but somehow I had to take something. I just wanted to go home after 2 years of Orange County Jail. And now I work for the government…funny but true. I take it from the 7 years your husband is being tried for either a murder or a three strikes case. Good luck, I hope it works out for you I really do. You have my sympathy.
Good.
You do the crime you do the time.
Find yourself a decent man Carmen.
that should tell you something about your marriage..maybe he doesn’t want to come home…
Your husband had to agree to waive time. He has to agree to keep postponing it at each court hearing. You may be mad, but the delay is done with your husband’s full approval.
Your husband waives his right to a speedy trial every time he’s been at court. How many pre-prelims has he had? how many pre-lims? At each step, he’s waiving his rights. Tell him not to. Get a new attorney. Tell the court. There’s things to do. After this, tell him to not commit anymore crimes.
can you people not readr? the two gents were in custody for over 4 years!!! they already did their time!!
No, Rachanee, this cannot be correct. To be found guilty, or plead guilty, to “murder” either first or second degree, would require a sentence of many years, I believe at least 15 years.
So, they probably plead guilty to a lesser form of homicide, perhaps manslaughter or to some “accessory” to a murder charge. Those crimes often see sentences of 4 years.
Yeah, the article said, “for their part…” in the murder. So apparently they had some involvement but were not the actual killers. It said one guy got the death penalty for it.
But then I went back and checked and it said “In 2006, they pleaded guilty to two felonies: murder and street terrorism, but for various reasons, their sentencing didn’t happen until today.” So rather confusing and rather messed up justice system that sentencing took so long.
I think we all should be entitled to trials being speedy and they should consider disallowing waiving that. Although I suppose sometimes they are pretty sure someone is guilty of something where you don’t want him on the street but they don’t have all the evidence yet. Not sure totally how they deal with that.
Four (4) years for taking part in a murder. WTF !???????
Is this LIz
Apparently, 4 years is what the life of a child is worth in these United States of America. Keep in mind, these killers served their time on cushy OC jail, instead of state prison where they belonged!
I don’t know how cushy OC jails are. They’re under intense scrutiny for abuse. Low security prison is nicer than the jails, i bet.
The whole sentence should be served starting with the Judge’s pronouncement. Four years for murder…even if you didn’t pull the trigger you’re just as culpable as the guy who did. Our sentencing needs some serious overhauling. There should be no “good conduct” time. I remember when you did what you were sentenced; not let out for “good behavior.”
Old Cop you know that isn’t the way it works, If you already sat in jail locked up then how does it make sense to start your sentence from that point?
Just watch, since their credit for time served actually outweighed their four-year, eight-month prison sentences, these guys are going to turn around and sue the government for false imprisonment!
After 4 yrs they got to walk.Minh Tran is dead forever.When Jason Aguirre is put to death.They’ll understand.What the Tran family went through.My son was a innocent stabbing victim of a proclaim gang member.I was lucky my son survived.I almost lost him.At his trial admitted didn’t know my son and was wrong target. They were just sitting in front of my sons girlfriends house deciding what movie to see.
From one mom to another, I send you a virtual hug. I am so glad that your son made it.
Don’t worry y’all. They’ll be back in jail soon. They’re doing life on the installment plan.
This is a tragedy, not the time served and release for good behavior, the real tragedy is this judge and our Judicial System. It is so broken.
We need do as other Countries or at least bring back the Death Penalty and use that Death Penalty as soon as convicted. Get rid of Death Row.
What a great Country we used to live in. We are now and have been falling by the wayside.
Yeah, what a great country we’d be again if we killed more people, faster. Lynching was especially cool. Here, the courts are going to kill only one person for the murder; it should definitely be 5 or 6 people. It’s true that none of the other civilized nations still execute people, but they are not as smart or tough as us. Same with the Church — soft and weak. Get lots of ropes. We are so great.
i believe they also get money for each extra day they served. I dont know if its still like that.
Bummer! But, I am not surprised considering that disgraced, Sheriff Corona, basically did the came thing! With jusritprudence, what it is these days, the latter’s conviction will; no doubt, will be reversed and or, he will be exonerated! Talk about a “Revolving Door” policy!
You guys are all wrong until it happens to you on either side you will know how someone actually feels. My husband is not a scumbag. Believe that there are people serving time for crimes that did not commit.
Carmen, you have my empathy. *hug*
If your husband really is innocent, then I hope it works out, and he can move his life around so that he doesn’t get caught up in something like this again. You need to really be firm with him, to make sure that he gets rid of the people around him that maybe are mixing him up in this kind of stuff. If you lie down with dogs, you’re going to get fleas, so together you need to make some positive changes.
If he isn’t, I hope that you will take a hard, long look at the kind of life you want for yourself and your kids. Love and marriage are precious, but a man who commits crimes will only drag you down with him. Be strong, go to school, get yourself in a place where you can support yourself and your family. If you are strong, smart, educated and independent, you will be able to weather the storm, and move into a positive place in life.
I hope it works out, Carmen. I really am hoping for the best for you.
Folks, regardless of how scummy these guys are, to sit in jail for four years before even getting sentenced is simply wrong, and may even be unconstitutional.
If you think four years is too short, fair enough. But the idea that these guys should have been required to serve their four year sentences in addition to the four years they already spent in jail… is just wrong. A system like that would be fundamentally unjust, and could be used to unlawfully detain anyone indefinitely. I don’t think anyone in their right mind actually wants that.
The delays were almost certainly due to the defendants’ and their attorneys’ own requests to delay hearings–NOT to “our broken system.” The right to a speedy trial is well protect and enforced in most cases–all the attorneys have to do is ask for it.
This is how it usually works…the perps would rather serve time in county jail than at a state prison, and they know they will get credit for time served. Public defenders encourage their clients to delay as well, because they have ridiculously huge case loads and can put off prepping for trial as they try to arrange a plea bargain. Don’t blame “the system”–remember that criminals know how to “play” the system like a well-tuned fiddle!
Sorry for the typo–I meant “well protected,” of course.
Hospitals are slow because we don’t have enough Doctors. Courts are slow because we have too many lawyers.
Are you kidding me??? they killed a little boy.They should have got much longer then did. Scratch that they should be lined up and shot. Yeah they didnt pull the trigger but they knew exactly what they were doing… You must not have children tt92618, and if you do, you make me sick.
why sick? they did their time behind bars. lets remember our prisions are crowded, our staff are getting laid off due to the budget crisis in Ca.
we must focus on our kids and how we can help families raise their kids right.
my point of view,
Thank you
yeah we have to think about our kids. thats why we need to keep these scumbags off the streets… Use your head they killed a child for god sake. what are you thinking. would you want these @#! holes around your kids. get a clue crvj98
Hey, it worked for disgraced sheriff Mike Carona. Why should equally scummy gang bangers be treated any different?
Rachanee, Eddie might be right.
http://visionweb.occourts.org/Vision_Public/DisplayCaseInfo.do?caseNbr=3857174&personNbr=2320633&src=case_src
http://visionweb.occourts.org/Vision_Public/DisplayCaseInfo.do?caseNbr=3857174&personNbr=5805026&src=codef_cases
Voluntary Manslaughter, not Murder.
Volunatarilly causing her to die because they didn’t want her to live. Is that what you mean?
It means it’s not a straight up murder charge?
All violent convicted criminals should be surgically castrated immediately upon conviction. Then these two idiots wouldn’t be going home as heroes like they are now. They would also be calmer!
That would be cruel and unusual punishment which is precluded by the eighth amendment to the Constitution. It never ceases to amaze me how uneducated and ill informed people in the O.C. really are.
Scary, I know!
lol? it’s funny how everyone thinks minh tran wasn’t a gang banger or anything of some sort… the media always makes one side look really good and makes the other side look really bad. i know for a fact he was a gang banger and he got what came to him for being a young loc’s member.
Wow, I lot of OCR readers are ignorant of the US Constitution, laws and lack reading comprehension.
Case Number: 03WF1939 Printable Version
Defendant: Duong, Danny Viet
Demographics…
Eyes: - Hair: - Height (ft/in): - Weight (lbs): -
Names…
3 names found, displaying all names.1 Last Name First Name Middle Name Type
Duong Danny Viet Alias
Duong Danny Viet Real Name
Duong Dawny Viet Alias
Case Status: Convicted
Details…
Case Stage: - Release Status: Released on Own Recognizance DMV Hold: N
Charging Document: Information Mandatory Appearance: Y Amendment #: 0
Case InfoHearing InfoRelease InfoSentencingCounts
9 counts found, displaying all counts.1 Seq S/A Violation Date Section Statute OL Violation Plea Plea Date Disposition Dispo Date
1 0 08/12/2003 192(a) PC F Voluntary Manslaughter GUILTY 09/15/2006 Pled Guilty 09/15/2006
1 2 08/12/2003 12022.53(d)(e)(1) PC F ENH: Use of firearm,machinegun or assault weapon in commission of felony DENIED 01/10/2005 Dismissed 09/11/2009
1 3 08/12/2003 186.22(b)(1) PC F ENH-Criminal street gang DENIED 01/10/2005 Dismissed 09/11/2009
1 4 08/12/2003 12022(a) PC F ENH:Committing a felony while armed with firearm ADMITTED 09/15/2006 Admission 09/15/2006
2 0 08/12/2003 664-187(a) PC F Attempted murder NOT GUILTY 01/10/2005 Dismissed 09/11/2009
2 1 08/12/2003 12022.53(d)(e)(1) PC F ENH: Use of firearm,machinegun or assault weapon in commission of felony DENIED 01/10/2005 Dismissed 09/11/2009
3 0 08/12/2003 664-187(a) PC F Attempted murder NOT GUILTY 01/10/2005 Dismissed 09/11/2009
3 1 08/12/2003 186.22(b)(1) PC F ENH-Criminal street gang DENIED 01/10/2005 Dismissed 09/11/2009
4 0 08/12/2003 186.22(a) PC F Street Terrorism GUILTY 09/15/2006 Pled Guilty 09/15/2006
tt92618~~~
Just curious, are you one of those boneheaded Mike Carona jurors who believe in that “innocent until proven guilty” shtick or are you a lawyer, defending the already corrupt, ridiculous system that you’ve invested your life in??? These guys committed felonies, including murder. They admitted to it. So, these guys should’ve served a longer prison sentence. I actually want these scumbags detained indefinitely. It’s simple, if they’re in prison, they can’t commit horrible crimes.
tt92618~~~
Almost forgot, do you approve of the governor and the State Legislature releasing 27,000 felons into the streets after they’ve commuted their felony crimes into misdemeanors???? Now how unjust is that???
Harry all of the stuff you are mentioning has absolutely nothing to do with what I said. If you go back and read what I actually said, you will notice that I mentioned I understood if people believed these sentences were too short. If you think that they were, by all means feel free to lobby the state legislature to change the law. Don’t accuse me of a whole set of views that have nothing to do with what I actually said, however - that just indicates that you didn’t read what I said very carefully, or think about it very deeply.
What you seem to be advocating, Harry, is a system where being accused of a crime is all that is needed to be locked up essentially forever, and I think you haven’t thought that concept through very carefully. Nobody is safe from a system like that - not you, not me - NOBODY. I don’t want to live in a country where someone can be held in jail for an indefinite period of time without having been convicted of a crime. I especially don’t want to live in a country where that can happen, and then an individual can be forced to serve their court mandated sentence after the fact,essentially making the concept of a ’sentence’ null and void. In a system like that, prison sentences would essentially be ‘however long we please’. Fortunately, the law in the United States won’t allow such abuses, nor should it.
It seems to me that your real issue is the length of sentences these guys received. Since I didn’t defend their sentences, or indeed say much about them at all, I think your whole diatribe is terribly misdirected. If you want longer mandatory sentences for certain crimes, yell at to your legislators, not me.
Hey Harry!!
If you own a home then you should have your property taxes doubled to pay for indefinitely incarcerating anyone accused of a crime. The Patriot Act allows this to occur and the U.S. Supreme Court has upheld its constitutionality. Remember that it costs the state more than $45k/yr to house these [sic] animals. Since the current system (33 prisons) is at more than 150% capacity we need to build 20 more just to keep up. Currently CA incarcerates 175,000 individuals which is more than the population of 5/10 U.S. cities and municipalities. NUCKING FUTS is a gross understatement.
If you can afford to make blanket statements like that then get 5 million CA property owners to sign a petition committing to having their property taxes doubled to pay for the necessary infrastructure and maintenance.
D.A. wanted to get the killer convicted, he used these guys to get what he wanted! I’m sure these guys have learned there lesson and become upstanding citizens Ok, I’m kidding but its the system and we can’t afford to keep them locked up! Send them back!
Judges are the only individuals in the criminal justic system who are not accountable for their actions. DA’s, Police are all held to a higher standard where Judges have no reprocussions for their idiotic actions.
….travesty….
Anybody up for a bounty? I’ll start a fund for these scums to be eliminated!
Well, “Kevin”, if you actually do that instead of just ignorantly shoot your mouth off about it, then several years hence we can read in the OC register about YOUR prison time.
calm down, all I have read here in this story is your meaness.
Just calm down.
So this is our fine tax dollars at its best? Ridiculous once again the criminals run free and do as they please, don’t you just love our justice system?
They will SUE! Just wait for it! Our systen is so screwed up!
I think that we should put gas in all the inmates cells, and there would be no need for the the sentencing. Once they are convicted, oops, looks like the gas was opened
With the credit for time served outweighing their actual sentence they now have a credit ready for their next crime. Just think…..they may walk again!
When politicians talk of releasing non-violent offenders, think of these guys.
I think it’s great. I mean, where else do these guys actually do the time they are sentenced to without good time / work time credits, early percentage release due to overcrowding, or early parole? AND they did it before - sort of paying ahead. Worked out great, IMHO.
Why keep reposting this old story?
They served their time?
“So Toohey sentenced Villegas and Duong, but then gave them credit for time served: 1,460 actual days, 219 days for good conduct - totaling 1,679 days.”
Do you want to spend more money on jails or education?
I would like to see more stories about the illegals and the Anchor babies who are getting an education and food on our tax dollars then two american citizens who served their time in jail.
Look pen dejo.
There not called illegals, there immigrants.
Don’t be such a mongolito.
I say - turn catalina island into a “Survivor Island”. Make the criminals live off the land, and charge people a hefty sum for a “hunting license”. Each person with a license may shoot and kill up to two people sentenced to death each year. The license will cost $20,000 and all proceeds will go to the victims family.
Why pay 50k per year to lock up someone our courts decided should die for their crime?
Four year sentence for murdering an innocent citizen. That should inspire all gang memebers to kill without hesitation. The judge almost gave them a get-out-of-jail-free card for murder. Go liberals! Go Obama! Go California, down the drain!
The republican governor, Arnold Schwarzenegger, would’ve just let them out of prison anyways. Parole and Probation are a joke, there is no one watching these people.
Anyone who still believes one party is any different than the other party is an idiot!
Case in point: For over two years, George Bush, a republican Senate, a republican House of Representatives and a republican Supreme Court not only failed to stop illegal immigration, they tried to legalize it. John McCain’s amnesty bill is very typical republican, disgusting. Under George Bush and the republicans, illegal immigration was the worst in our modern history.
A few Republicans from the south scream about illegal immigration, and everybody assumes the whole Republican Party is against it. Somehow, Barney Frank and Nancy Pelosi must have prevented any action against illegal immigration while the GOP ran the country.
Both parties want immigration — legal and illegal — and economists keep telling everybody that it will save our economy. How can Wal-Mart, Best Buy, etc. keep opening more stores every year, or Toyota sell more and more cars, if we have an aging population that needs to buy less and less?
What could be better than importing slave laborers who are also obligate consumers, especially folks who like to have lots of babies? I don’t see any downside…
Anyone who believes this is a Republican v. Democrat thing is an IDIOT!
Do you realize the the STATE PRISON SYSTEM is over 150% capacity? Pay attention!!
It is just wrong, but our whole justice system is corrupt. Just live a clean life and stay out of jail. Cops who break the law get all the breaks.
Waiting four (4) years for sentencing? Completely stupid.
Oh sorry — that’s contempt of court
A lot of prisoners would jump at the chance to become educated rather than being unproductively locked up. CA spends more than $45k/yr to incarcerate and around $25k/yr to educate. Seems NUCKING FUTS to me!! Would any sane person or society put domesticated cats and dogs with lions, tigers and bears in the same cage and NOT EXPECT disaster?
all you guys have no idea how the system works,and have way to much time on your hands.
hey mansterEZ…i love the way you re-worded nucking futs….hahahaha…that’s hilarius…
They posses all the variables for a life time criminal. Life terms is what they deserve. It’s funny the ACLU, and the left will tell you it doesn’t work to lock these people up. I tell you what, it saves innocent victims from being victimized by these sissies.
Unofrtunately we are a society who has an accepatance of criminal victimazation at the hands of these cowards. These guys would have one chance in china, then adios after that.
Wow what is seriously wrong with our court system where you can commit murder of a child no less and then when you go to court they just let you go for time served. Hummm… this is pretty disturbing if you ask me. What is wrong here is that these killers can just walk away free men after only 4 years. Now we all know that this type of person is just going to get out of jail and commit more crimes since they have no concern for any one accept themselves & their gang. It’s just sick if you ask me!
this is just great, you help murder a 13 yr old, and you are a free man? DISGUSTING!
It didn’t really say they “helped.” It didn’t say what they did at all (which is odd).
They got 4 years and 8 months for a case of MISTAKEN IDENTITY MURDER? What would they have gotten if the killed the RIGHT BOY?
He was 13. 13. 13. They were 17 - 18. Tried as adults. How is this possible?
It didn’t say they killed anybody.
I sure hope the parents of these boys.Realize how important it is to parent your kids.Could be they didn’t know they were in a gang.But,It’s their job to know what their doing and who they hang out with.They should have been going to school dances or dating.Not out killing.One day could be them in that boys parents shoes.
What an awful thing to say.
Why is it awful.It’s a fact.If those boys continue to gang bang it.Chances are one or all’s parents will either get that call or knock on the door.That their son is dead.Like that boy’s(MINH) parents did.