Oakland man acquitted in fatal 2015 San Jose shooting

An Oakland man has been acquitted in the deadly shooting of Peninsula real-estate agent Michael Arcega outside a San Jose nightclub two years ago, leaving no remaining defendants in a killing that despite the verdict is still classified as a closed case.

On Sept. 27, a Santa Clara County jury found Nathan Nai Fong Saechao not guilty of murder and attempted murder in the Oct. 27, 2015, shooting death of the 34-yearold Arcega, who lived in San Francisco, in front of the Lu Beer Club and Restaurant on Monterey Highway near Alma Avenue.

Defense attorney William Welch contends that the case should have

been resolved after the police investigation determined that a security guard had incorrectly identified the car implicated in the shooting, confusing it with a vehicle the guard reportedly saw Saechao entering shortly before the gunfire.

“The jury system functioned perfectly,” Welch said. “We could have had a gross miscarriage of justice.”

That leaves the case with no defendants and no other suspect. Charges against co-defendant Manh Do Van Tran of Hayward were dismissed earlier in the case after a preliminary examination. Still, the San Jose Police Department considers the case solved, and prosecutors insist that the right man was put on trial.

“We felt based on the evidence that he was guilty of that crime,” Deputy District Attorney Kalila Spain said. “The jury heard all the evidence and came to a different conclusion.”

The case appeared to hinge in large part on the security guard’s identification of Saechao, particularly the car he was seen getting into in the early morning hours of Oct. 27. Welch said the guard saw Saechao get into a white car, then moments later saw a white car return with its occupants opening fire.

The guard identified the suspect car as a Lexus, but Welch said a meticulous examination of surveillance video showed that Saechao had gotten into a Honda Accord.

The defense attorney both lauded and criticized the investigation, which he said ultimately absolved his client.

“The detectives did such a good job at the beginning, but once they thought they had their guy they mailed it in,” Welch said. “Nathan had never been arrested, and he was only 19 years old. They should have been more cautious before dropping a first-degree murder allegation on a 19-year-old who had never been in trouble.”

Welch also took issue with police accepting an apparent confession by Saechao that he said had all the hallmarks of someone taking the fall for other people.

“He was interrogated into a false confession, and the jury saw that,” he said.

Spain said the trial result leaves Arcega’s family with no closure.

“They’re grieving again,” she said. “Their loved one was murdered.”

Welch said the case should never have gotten this far.

“The evidence was always in their hands. They just didn’t accept it,” he said. “The first thing Nathan did was go home and hug his brothers and be with his family. That’s all he wanted to do. I hope he’s now looking forward more than looking back.”