"The plea deal, finalized in March but not previously reported, ended a controversial prosecution where Mak had maintained he accidentally killed the victim, Chi Leung, by striking him with a van during a heated confrontation that started with an argument over stolen surveillance equipment. Leung had struck the van with a shovel six to seven times, and Mak struck him with the van when Leung was standing his a blind spot, his lawyer argued at trial."
"Prosecutors argued Mak turned the van into a weapon and intended to kill Leung, who hit his head on concrete and died several days later at a hospital. At the end of Mak's trial last year, he was found not guilty of murder but jurors leaned toward guilt on voluntary manslaughter, by a relatively thin margin; eight wanted to convict, four wanted to acquit."
"After the trial, one woman who served on the jury agreed to an interview, calling the killing "a sad accident and situation." She stressed she was unconvinced beyond a reasonable doubt that Mak was guilty of manslaughter. While Mak may have been acting out of anger, the juror said it was "just as likely he wanted to get away." "You don't want to punish an accidental act and compound the"
Kevin Mak avoided prison after pleading no contest to misdemeanor vehicular manslaughter and receiving one year of probation. The incident occurred in March 2022 on the 800 block of Alice Street in Oakland after an argument over stolen surveillance equipment. Mak said he accidentally struck 66-year-old Chi Leung with his van after Leung hit the van with a shovel six to seven times and stood in a blind spot. Prosecutors said Mak used the van as a weapon and intended to kill; Leung hit his head on concrete and died days later. A jury acquitted Mak of murder, hung 8-4 on manslaughter, and Mak later pleaded to the misdemeanor charge.
Read at The Mercury News
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