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Was O.C. Beating Justified by Victim's Gang Affiliation?

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Recent information indicates that a victim of a Santa Ana nightclub beating had friends with Asian gang affiliations. Attorneys representing the two women charged with murder and assault in conjunction with the incident claim that this new information could "change everything in terms of the tenor of the case."

Vanesa Tapia Zavala and Candace Marie Brito are facing charges of murder and assault after beating and killing Kim Pham outside of a nightclub on January 18. According to Zavala and Brito's defense attorneys, new evidence connects Pham with an Asian gang, which could potentially justify the women's actions.

"It explains and justifies my clients' fear for themselves," said the attorney.

Prosecutors disagree.

The prosecutor dealing with the case says that while some gang slogans may have been exchanged in a separate brawl that occurred on the same night, this particular altercation was not gang-related. Both city officials and law enforcement stated they did not believe the nightclub beating had any gang affiliation or racial implications.

The defense attorneys not only believe this fight was gang-related, but that Zavala and Brito were actually the victims - Pham was the aggressor and the one who instigated the fight.

According to the prosecutor, this doesn't matter. Regardless of who started the fight, Zavala and Brito finished it. The prosecutor believes evidence suggests that Zavala and Brito continued to beat Pham while she was down.

At a preliminary hearing last Friday, prosecutors added "assault likely to cause great bodily injury" charges on top of the defendants' murder charges. What this means is that the jury now has options. Even if they do not find the two guilty of murder, they could find them guilty of the lesser assault charges.

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    MISDEMEANOR SETTLEMENT

    MISDEMEANOR SETTLEMENT

    2ND DUI

    Misdemeanor on completion of community service - Felony 2nd DUI, under 21 with injury.

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    case dismissed

    CASE REJECTED

    ATTEMPTED MURDER OF POLICE OFFICER

    Los Angeles Arrest Pre-filing representation on Attempted murder of police officer, assault with a deadly weapon upon a police officer.

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    CASE
    REJECTED

    CASE REJECTED

    ASSAULT WITH A DEADLY WEAPON

    Strike felonies including assault with a deadly weapon - car with great bodily injury.

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    case dismissed

    Case dismissed

    CAR ACCIDENT

    Car accident, no license, speeding (filed by Anaheim City Attorney).

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    case dismissed

    Case dismissed

    CHILD ENDANGERMENT / CRUELTY

    Penal Code 273a(b) Child endangerment/cruelty.

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    case dismissed

    Case dismissed

    CHILD MOLESTATION

    Child molestation: Felony.

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    PROBATION TERMINATED EARLY

    PROBATION TERMINATED EARLY

    COMMERCIAL BURGLARY

    Commercial burglary probation violation: dismissed, no violation found.

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    case dismissed

    Case dismissed

    CONTEMPT OF COURT ORDER

    Contempt of court order by a gang member.

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    Case dismissed

    Case dismissed

    CHILD SEX ABUSE CASE

    Child Sex Abuse case dismissed.

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