Alameda County District Attorney Pamela Price dropped the special circumstances of the murder charges against the two remaining shooters of the shootout that led to the death of Bay Area toddler Jasper Wu.
Key details: While Ivory Bivens, 24, and Trevor Green, 22, will no longer face the possibility of a death sentence or life without parole if convicted, the two men are still facing 265 years to life in prison and 175 years to life in prison, respectively.
Price announced this without explaining the reason behind the case development, according to KTVU.
“We will continue to hold these men accountable for these serious charges that will likely land them behind bars for the rest of their lives,” Price said in a statement released by her office.
Their charges: Price’s predecessor, former District Attorney Nancy O’Malley, charged the two remaining shooters with murder, shooting at an occupied vehicle and possession of a firearm by a felon. They also received enhancements to their charges.
What the dropped enhancement is about: Prosecutors can reportedly pursue the special circumstances enhancement under the California Penal Code Section 190.2 under certain conditions, including the suspect intentionally murdering a witness to a crime.
What the defense is saying: Ernie Castillo, Biven’s attorney, noted in a statement to The Mercury News that it is evident Price would still pursue the gun and gang enhancements after dropping the special circumstances.
Castillo said they will “challenge the legality of the gang enhancements” and, if needed, “take this case to trial and establish Mr. Bivens’ lack of involvement in this case.”
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