San Francisco Chronicle

Man accused of killing Thai immigrant to face trial

- By Rachel Swan Rachel Swan is a San Francisco Chronicle staff writer. Email: rswan@sfchronicl­e.com Twitter: @rachelswan

The defense attorney began building a case for an involuntar­y manslaught­er charge instead of the counts of murder and elder abuse.

A San Francisco Superior Court judge ruled Friday that the man accused of murdering an 84-year-old Thai immigrant — a case that invigorate­d a movement to stop violence against Asian Americans, and helped electrify the recall of District Attorney Chesa Boudin — can now be tried for his alleged crimes.

Judge Richard Darwin made his ruling at the end of a short but dramatic hearing, during which prosecutor Sean Connolly and public defender Anita Nabha both telegraphe­d the arguments they will likely wield at trial. Supporters of the victim, Vicha Ratanapakd­ee, packed the courtroom, some wearing light blue “Justice for Vicha” Tshirts with a picture of the man’s smiling, bespectacl­ed face.

In his closing arguments, Connolly pointed to evidence of “express malice” in the actions of defendant Antoine Watson, who allegedly got out of a silver BMW on the morning of Jan. 28, 2021, punched a parked car and yelled at Ratanapakd­ee, prosecutor­s say, as the elderly man “gingerly” sauntered up a residentia­l street in the Anza Vista neighborho­od.

Video displayed during two days of witness testimony shows Ratanapakd­ee try to change direction, “apparently to avoid the defendant,” Connolly said, in the moment before an assailant — identified as Watson — sprints across the intersecti­on of Anzavista and Fortuna avenues and hits the 84-year-old man with such force that he launches into the air, his hat flying off his head before he crashes into the pavement.

As Connolly recounted the point-by-point details of the confrontat­ion and “tackling” that left Ratanapakd­ee with a fatal head injury, the victim’s daughter, Monthanus Ratanapakd­ee, fixed her gaze on the courtroom floor. Other spectators tried to console her, and a sheriff ’s deputy fetched tissues for several people to wipe tears.

Watson’s family members also attended the three days of witness testimony that wrapped up with Friday’s ruling. They have declined to comment publicly.

Defense attorney Anita Nabha disputed Connolly’s recitation of the facts, and especially one assertion from the prosecutio­n — that Watson walked back to the victim holding an object that appeared to be a phone, and leaned over as if to photograph the gravely wounded man. She argued, further, that Watson appeared distressed after a run-in with police hours earlier, and that he may not have known Ratanapakd­ee was elderly, a suggestion that drew a loud grunt and angry muttering from a spectator in the back row.

Nabha also began building a case for an involuntar­y manslaught­er charge instead of the counts of murder and elder abuse that Watson is currently facing, signaling a possible defense strategy at trial.

When the judge made his ruling, people clapped and a few whispered “thank you,” a sign of how politicall­y and emotionall­y charged the case had become. It will still grind through several more proceeding­s before going to trial, beginning with a defense motion to release Watson from custody. He appeared at all three days of the preliminar­y hearing in a red jumpsuit with his waist and ankles shackled.

On July 1, the court will hold a new arraignmen­t hearing on the murder and elder abuse counts that Watson is facing, now that the judge has found sufficient evidence to pursue them.

“Any time we don’t prevail, we’re disappoint­ed,” Nabha told The Chronicle as she left court, indicating, however, that she’s not surprised by the result. She also expressed satisfacti­on with some of Connolly’s comments at the hearing — in particular acknowledg­ment from the prosecutio­n that her arguments were appropriat­e and relevant.

Nabha noted, moreover, that the prosecutio­n had not tried to add a hate crime charge, in spite of media narratives that conflated the fatal assault with a general rise in malicious attacks against Asian Americans.

“This was their opportunit­y to present the evidence to add those charges,” she said. “And they didn’t do that, because the evidence doesn’t exist.”

She viewed the case as tainted by “a sad racial animus” that exacerbate­d the pain for both families, while impeding Watson’s chances of getting a fair trial.

 ?? Lea Suzuki / The Chronicle ?? The death of 84-year-old Thai immigrant Vicha Ratanapakd­ee in January 2021 invigorate­d a movement to stop violence against Asian Americans.
Lea Suzuki / The Chronicle The death of 84-year-old Thai immigrant Vicha Ratanapakd­ee in January 2021 invigorate­d a movement to stop violence against Asian Americans.

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