Judge: Probation illegal in stabbing of elder
A San Francisco Superior Court judge ruled Friday that the controversial sentencing of Daniel Cauich, a man who stabbed then-94-year-old Anh “Peng” Taylor in 2021, to probation through a special mental health treatment program is essentially illegal and cannot take effect.
His decision further prolongs a case that has angered many in the Asian American community.
Judge Ksenia “Kay” Tsenin sentenced Cauich to five years of supervised probation on March 15, the result of a plea deal between Cauich and the court, to community outrage. Tsenin cited Cauich’s mental health issues, drug and alcohol abuse, childhood traumas, and a brain injury stemming from when he was hit by a car in 2020 in her reasoning for giving him probation.
The San Francisco District Attorney’s Office objected and said the sentencing “denied justice.” Tsenin sentenced Cauich to complete an individualized treatment plan and participate in Intensive Supervision Court, which the court describes as a “last chance” program for highrisk, high-needs probationers to avoid state prison by receiving drug addiction or mental illness treatment.
In exchange, his 10-year prison sentence would be suspended, which means he doesn’t have to serve it if he abides by the rules of his probation.
But on Friday, Judge Jeffrey Ross, who presides over Intensive Supervision Court, decided Cauich is legally ineligible for the program.
The California penal code prohibits probation being granted to anyone who was on probation for a felony at the time they committed a new felony offense, he said. The San Francisco District Attorney’s Office had made the same argument during the initial sentencing.
When Cauich stabbed Taylor, he had been on probation for
two felony burglary convictions, making him ineligible for Intensive Supervision Court, Ross said.
“To reiterate, I understand the rationale for Judge Tsenin’s sentence,” Ross said at the hearing. “I’m not in any way opining on her sentence. I am simply fulfilling my obligations as I understand under the policies and procedures of Intensive Supervision Court.”
Cauich’s attorney, Lisa DewBerry, said she disagreed with Ross’ ruling. She’s previously
said Cauich did not have evil intent and was mentally ill. She told the Chronicle Friday that Cauich was “out of his head” when he stabbed Taylor and said that her race had nothing to do with the attack.
“My client is beyond despair,” DewBerry said. “As he explained to my social worker, ‘I have a mother. I have a grandmother. I can’t believe I did that to that lady.’ I can’t have a conversation about this, what happened, without him getting very emotional.”
Marlene Tran, a longtime community activist in Visitacion Valley, attended Friday’s hearing and welcomed Ross’ decision. Tran spoke at a rally in March, arguing that sentencing Cauich to probation threatened the safety of elderly residents.
She said she thinks the case has revealed that San Francisco courts are too lenient on violent crime.
“This is brewing a lot of distrust in the legal system,” she said.
Anh Lê, a 71-year-old Vietnamese American man, also attended Friday’s hearing and commended Ross’ ruling. Le said he thought the probation sentence was a “great mistake.” Le is a violent-crime victim himself, having been brutally beaten with a bat in Chinatown in 2019.
“We Asian Americans stand united,” Lê said. “We are strong, and we will speak up and we will let the judicial system in San Francisco, namely all of the judges in San Francisco Superior Court as well as the San Francisco District Attorney’s office, know where we stand on this particular case.”
Ross said Cauich may be suitable for treatment in Intensive Supervision Court. If a sentence is reached that is consistent with the law, Ross said, he could be reconsidered for the program. Ross sent the case back to Tsenin’s court for her to decide the next steps. The next hearing is scheduled for Tuesday.