Quochuy “Tony” Tran was 16 when he shot and killed 15-year-old Ichinkhorloo “Iko” Bayarsaikhan while he and friends were out robbing trick or treaters in Halloween 2007.
OAKLAND — An Oakland man who was 16 when he was arrested in the murder of a 15-year-old trick-or-treater is seeking release from prison, arguing that his young age and rehabilitation in prison warrant an early termination of his sentence of 50 years to life behind bars.
In a legal motion filed Oct. 23, Tran’s deputy public defender cited not just Tran’s own apology letter and participation in dozens of rehabilitative programs, but the words of an appellate court justice and four correctional officers. An appellate court justice who also voted to uphold Tran’s murder conviction added that “this is one of the relatively rare cases in which the claim that punishment is so excessive as to be cruel and unusual has merit.
“Reminiscing about my childhood, I came to a conclusion that my false belief, anger, loneliness, hatred and my shortcut through life is the starting point which led me to prison,” he wrote., his attorney argued that prosecutors had failed to prove Tran actually fired the shot that killed Bayarsaikhan. Authorities say he and a group of friends had attempted to rob several trick-or-treaters when they came upon Bayarsaikhan and a group of friends.
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