Bid to reduce charges in murder case denied
An Alameda County prosecutor tried Wednesday to reduce the charges against a former sheriff’s deputy who allegedly shot and killed a married couple at their home in Dublin, telling a judge that he was following directions from supervisors in District Attorney Pamela Price’s office.
But Judge Paul Delucchi denied prosecutor Ted McGarvey’s request to strike down the special circumstances allegations and enhancements meant to extend prison time for Devin Williams Jr., who has pleaded not guilty to two counts of murder for the execution-style shooting on Sept. 7, 2022.
“I understand where you’re coming from,” Delucchi told McGarvey, noting that the judicial branch has discretion to overturn requests from a district attorney. It was not immediately clear whether the DA would file a new complaint at the end of the preliminary hearing that began Wednesday afternoon in the East County Hall of Justice in Dublin.
The exchange could shift the course of a highprofile double-murder case that jolted multiple law enforcement agencies in the East Bay, becoming a test for a progressive district attorney who has pledged to decrease prison sentences and focus on second chances — particularly for defendants under 25 years old. Williams was 24 at the time of the shooting of Maria and Benison Tran.
Her predecessor, Nancy O’Malley, had tacked gun and weapon enhancements onto the murder counts in addition to two special circumstances, one for committing multiple murders and the other for murdering Benison Tran in order to escape police and evade a lawful arrest.
In trying to whittle down the allegations, Price may have sought to spare Williams from a life sentence without the possibility of parole.
Outraged family members of the victims accused Price, who is facing a recall attempt, of being soft on crime and trying to curry favor with law enforcement, given Williams’ former job as a sheriff ’s deputy.
“He is a murderer — he should get no special treatment because he was a deputy sheriff,” said Jennie Wong, sister of Maria Tran.
Wong spoke reporters in front of the Hall of Justice, where supporters had put up signs with photographs of Maria and her husband, Benison, accompanied by angry slogans. “Pamela Price soft on murderers,” one said. “Reinstate special circumstances,” another read.
“This is an unthinkable tragedy for the Tran family,” Price said in a statement Wednesday, noting that the two murder charges carry a potential sentence of 50 years to life.
“There is nothing I can say that will relieve the pain and anger they’re feeling with the loss of their loved ones,” the statement continued. “What I can say,” she concluded, “is those two counts of murder” could put Williams behind bars for decades, at a minimum, if he is convicted on all charges.
Wednesday’s court proceeding included emotional testimony from Dalton Tran, who was visiting his sister Maria Tran at her home in a Dublin Ranch subdivision when an assailant — who Dalton Tran identified in court as Williams — showed up shortly after midnight.
Barely making eye contact with the prosecutor, Dalton Tran described how Maria Tran’s husband, Benison Tran, woke him in the middle of the night, asking him to call 911. Williams was standing in the doorway of the master bedroom, holding a gun, Dalton Tran said.
As audience members in the courtroom sobbed, Dalton Tran described how Maria begged for her life during an altercation that quickly turned violent. At one point, McGarvey played audio from a 911 call in which Benison Tran speaks to a dispatcher over shouting in the background — followed by the staccato pop of gunshots.
According to Dalton Tran, Williams stood over Benison and Maria, roughly “a foot away” when he shot them. Dublin police officers arrived at 12:45 a.m. to a chilling scene at the house on Colebrook Lane, where the married couple lay unresponsive on the floor while Dalton Tran desperately tried to do chest compressions. The couple’s 16year-old son was home and witnessed the murder, Dalton Tran said on the stand.
Williams had fled and was arrested hours later by California Highway Patrol officers in Fresno County. He told detectives he had discarded the gun somewhere in the Altamont Pass area, about 25 minutes east of Dublin.
Records show Williams is being held without bail in Santa Rita Jail. He wore a suit and surgical mask to the court hearing.
Marvin Lew, a defense attorney representing Williams, cross-examined Dalton Tran on Wednesday, focusing on the possibility that Maria Tran and Williams had a romantic relationship, which Dalton denied.
The preliminary hearing, which will continue Thursday, is a proceeding in which the prosecution presents witnesses and evidence for a judge to decide whether there is sufficient proof to bring the case to trial. The standard of probable cause at these hearings is significantly lower than the standard of beyond a reasonable doubt to bring a guilty verdict.
Families of both Maria and Benison Tran have filed a wrongful death suit against Williams, Alameda County Sheriff Yesenia Sanchez, her predecessor Greg Ahern, the sheriff’s office and the county. That lawsuit is moving forward separately in Alameda County civil court.
When court wrapped up Wednesday, Wong stood outside and spoke with media in the drizzling rain, expressing satisfaction with the judge’s decision. She said she hoped it would send a message to Price to drop the motion.