BEFORE YOU READ:
- Distraught family of toddler killed in Oakland freeway shooting want suspects to surrender
- Family of Oakland toddler killed by stray bullet decries DA’s plan to not pursue jailtime for suspects
- California DA Pamela Price blasted by outgoing prosecutors as soft on crime, ‘disrespectful’ to AAPI community
- Murder charges dropped for 1, retained for 2 suspects in fatal shooting of Oakland toddler
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.
“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.”
The shooting: Jasper Wu, a 23-month-old toddler, was killed by a stray bullet while he and his family were driving on Interstate 880 in Oakland in November 2021.
Arrested shooters: Three people were arrested following the incident: Bivens, Green and Johnny Jackson Jr., 28.
Jackson’s murder charge was dropped in May. He is now only facing one felony charge: possession of a firearm.
