The Mercury News

Court denies new trial for man who murdered five people

- By Nate Gartrell ngartrell@ bayareanew­sgroup.com Contact Nate Gartrell at 925-779-7174.

SAN FRANCISCO >> A California appeals court upheld murder conviction­s against a Bay Area man who was convicted of murdering five members of the same family in a 2012 home invasion robbery here.

Binh Thai Luc, 44, argued in vain that jurors in his 2017 trial heard improper instructio­ns when they were told that if Luc had been an aider and abettor, rather than the main perpetrato­r, he was “equally guilty.” The court also rejected arguments that there was insufficie­nt evidence to justify the murder verdicts.

“There is no evidence suggesting that defendant’s mental state was any different, let alone less culpable, than that of any of his unidentifi­ed accomplice­s,” Presiding Justice Stuart Pollak wrote in the court’s 22page decision, issued Friday. “To the contrary, the evidence that defendant actively lured Lei back to the house supports a reasonable inference that he was more culpable than his unidentifi­ed accomplice­s.”

The court did rule that there was insufficie­nt evidence on three attempted robbery conviction­s, but the ruling is unlikely to improve Luc’s chances of getting out of prison; he was given five life terms in 2018.

Luc — a plumber who was facing financial ruin at the time of the killing — was convicted of murdering Hua Shun Lei, 65, and Wan Yi Xi, 62; his sister Ying Xue Lei, 37; and his girlfriend Chia Huei Chu, 30. Jurors also found him guilty of murder and lying in wait in the death of 32-year-old Yuan Ji “Vincent” Lei, making Luc eligible for life without the possibilit­y of parole.

The five family members were found beaten to death inside their Howth Street home in San Francisco, a horrific crime scene that was briefly investigat­ed as a murder-suicide. During trial, prosecutor­s argued Luc lured Yuan Ji “Vincent”

Lei to the home and then slaughtere­d the entire family, pointing to DNA at the scene that was matched to Luc. The defense contended the victims were killed by loan sharks angry over a debt owed by Lei.

Luc is serving a life without parole sentence at Corcoran State Prison, records show.

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