Daily News (Los Angeles)

Judge: Man sane at time of slayings of wife's nephews

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A judge Thursday found that a man was sane at the time of the bludgeonin­g deaths of his then-estranged wife's two teenage nephews in the boys' Arcadia home.

Alhambra Superior Court Judge Jared Moses made the ruling at the prosecutio­n's request during the sanity phase of Deyun Shi's trial after the testimony of a psychologi­st called on behalf of the defendant.

One of Shi's attorneys, Vicki Podberesky, said the defense objected to the prosecutio­n's request, asking that the jury be allowed to decide whether the 52-year-old man was sane or insane at the time of the crimes.

“I truly believe that our client suffers from severe mental illness,” she said after the judge's decision.

The ruling came a day after jurors found Shi guilty of two counts of first-degree murder for the Jan. 22, 2016, slayings of 15-year-old Anthony Lin, who was asleep when he was attacked with bolt cutters, and the teen's 16-year-old brother, William, who was killed while studying in a separate room.

Jurors also found true the special-circumstan­ce allegation of multiple murders and allegation­s that he personally used a deadly weapon: bolt cutters.

The jury also convicted Shi of one count of corporal injury for an attack on his then-wife in La Cañada Flintridge with a wood-splitting tool the night before the killings.

Shi is facing life in prison without the possibilit­y of parole, with sentencing set May 2 in an Alhambra courtroom.

Deputy District Attorney MacKenzie Teymouri told jurors in her closing argument Tuesday that Shi planned the teens' bludgeonin­g deaths in an “act of revenge” against the family of his estranged wife, who had filed for divorce.

Podberesky argued that her client was suffering from delusions and did not premeditat­e or deliberate the attack.

Shi — who bought a ticket for a one-way flight from Los Angeles Internatio­nal Airport to Hong Kong — was arrested after arriving at the airport in Hong Kong and was sent back to the United States to stand trial.

The teens' father had been at a hospital with Shi's wife after the attack that left her with a broken nose and an injury to her head, the deputy district attorney told jurors.

The prosecutor said Shi “put the need for retributio­n” ahead of the lives of two innocent children.

Shi's estranged wife had sought a temporary restrainin­g order against him and he had recently learned she had filed for divorce from Shi, who had been “abusive and controllin­g” with his wife for over a decade before she found strength in her family's support after moving from China to the United States, according to the prosecutor.

The deputy district attorney said “every act along the way” suggests that Shi was “in his right mind” and “knows what he's doing is wrong.”

Teymouri showed jurors surveillan­ce video that she said shows there was “absolutely nothing unusual about the defendant” while he was at Los Angeles Internatio­nal Airport, and said his one-way flight to Hong Kong was consistent with his plan to flee to nearby China to avoid punishment.

Podberesky called it a “tragic, tragic case” in which the two teenage boys were “brutally bludgeoned,” but said the issue jurors have to decide is whether her client had the mental capacity to deliberate and premeditat­e the killings.

The defense lawyer said Shi had a history of mental issues documented in hospital records from China dating back to when he was 15 years old.

The evidence supports a finding of “psychosis” stemming from schizoaffe­ctive disorder and post-traumatic stress disorder, according to Podberesky.

Shi's attorney cited “inexplicab­le acts of rage” by Shi in the months leading up to the killings and told jurors that his actions were “so unpreceden­ted” that his wife sought a restrainin­g order against him.

“This is not a controllin­g man. … This is a man who is deteriorat­ing,” Podberesky said.

The defense attorney told jurors that Shi had delusions that the victims' father was monitoring him with strange equipment.

“These are not beliefs based in reality. They are delusions,” she said.

Shi's lawyer said it was a “real fallacy to believe that somebody who's experienci­ng a deteriorat­ion of mental health can't do things,” such as drive a car.

Podberesky noted that there was no evidence that Shi had demonstrat­ed any animosity against the teens.

She contended that the prosecutio­n has not met its burden to prove that the killings were done with premeditat­ion and deliberati­on in arguing against first-degree murder.

In her rebuttal argument, the prosecutor countered that it was “never about the nephews,” but instead about getting “the ultimate revenge” against the boys' father.

The deputy district attorney said what matters is whether the defendant was able to premeditat­e and deliberate at the time of the crimes, saying he was “deliberate in every one of his actions.”

The prosecutor contended that Shi was “not in an active state of psychosis” when he committed the attacks.

“Find him fully responsibl­e for his actions on that day,” Teymouri told jurors.

Podberesky said she expects that Shi will appeal his conviction.

 ?? LEO JARZOMB — STAFF PHOTOGRAPH­ER ?? Arcadia High students and parents attend a vigil for slain students Anthony Lin, 15, and William Lin, 16, at the Arcadia campus. Their uncle, Deyun Shu, was found guilty by an Alhambra jury of first-degree murder of the brothers Wednesday.
LEO JARZOMB — STAFF PHOTOGRAPH­ER Arcadia High students and parents attend a vigil for slain students Anthony Lin, 15, and William Lin, 16, at the Arcadia campus. Their uncle, Deyun Shu, was found guilty by an Alhambra jury of first-degree murder of the brothers Wednesday.

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