The long wait for the family of Vicha Ratanapakdee continues. Ratanapakdee, commonly and affectionately known as Grandpa Vicha, died on Jan. 28, 2021 at the age of 84 as a result of injuries sustained when he was violently pushed to the ground on his daily walk two days earlier.
Last Friday, April 25, was supposed to be the day that the murder trial would begin in San Francisco Superior Court. Yes, 1,546 days later. And now his family and loved ones must wait longer because the prosecutor is trying another high-profile San Francisco murder case, a time conflict recognized by California Penal Code Section 1050(g) as good cause for delay.
The violent death of Grandpa Vicha in 2021 was felt not just by his immediate family. It quickly became a defining incident representative of the attacks widely suffered by Asian Americans throughout San Francisco and across the country. San Francisco had been in lockdown for 10 months as a municipal response to the Covid-19 pandemic, and Asian Americans, particularly immigrants and the elderly, bore the brunt of racism associating them with the virus. Verbal and physical assaults skyrocketed during that time. In response, members of the community overcame reluctance, documented the incidents, and spoke out against them. Community members and public officials held vigils and rallies in memory of Grandpa Vicha. San Francisco named a street in his memory in 2022.
The Honorable Teresa Caffese, supervising judge of the criminal calendar, explained to the community and family present in the courtroom the reasons for the most recent delay and outlined the future challenges that must be overcome to get the case to trial. She ordered the public defender and district attorney back to her courtroom on Thursday, May 8 to determine whether the case could begin by May 12. If not, the expected six-week trial might be delayed yet again, possibly to August, because of other calendar conflicts.
The expected six-week trial could be delayed possibly until August.
The legal appropriateness of Friday’s ruling does not diminish the pain and worry of Grandpa Vicha’s family members, other loved ones, Asian American community members, and other supporters who have not forgotten the horrific events that occurred in the Anza Vista neighborhood on a long-ago January morning. On Jan. 26, 2021, 19-year-old Antoine Watson is alleged to have caused Grandpa Vicha’s subsequent death by charging into him at full speed across Fortuna Avenue. Video camera footage and the fact that Watson had been stopped by police late the night before and charged with reckless driving, speeding, and failure to stop at a stop sign made him easier to identify and locate.
Defendant Watson remains in custody and the case remains on the court docket without resolution. Chesa Boudin, the district attorney at the time of Grandpa Vicha’s death in 2021, did not bring hate crime charges against Watson based on a lack of evidence of racial animus. A defendant’s constitutional right not to testify, the victim’s death, and the absence of a bystander make proving racial intent difficult. Watson stands charged with murder, inflicting injury likely to cause great bodily injury on an elder, and assault, but there remains no trial date.
Unless there is a plea agreement at or before trial, the public defender is expected to argue that Watson had no prior criminal convictions or an intention to kill Grandpa Vicha. The defense may also contend that Watson’s conduct was a response to a recent emotional interaction or longer-term issues that affected his mental state. Jurors will hear psychological experts offer and debate different viewpoints of what was going on in Watson’s mind in an attempt to determine guilt.
As the wait continues, the impact of Grandpa Vicha’s death is felt beyond the courtroom walls and the consequences of an eventual guilty or not guilty verdict are being debated. Does his death belong in the category of crimes associated with blaming Asian Americans for the Covid virus first noticed in Asia before it spread worldwide? Must Asian Americans continue to worry about the safety of their parents or loved ones on the streets of San Francisco and other cities for reasons other than Covid? Is this a case of unaddressed mental stress that may haunt a perpetrator but nonetheless take the life of another person?
The criminal justice system is responsible for airing the facts that are presented and resolving guilt or innocence of the defendant. Under Marsy’s Law, a California constitutional amendment passed by the voters in 2008, victims or their families have the right to confer with the prosecutor, have notice of proceedings, speak about a potential plea bargain, and address the court at post-trial sentencing about the impact the defendant and process has had on them.
Grandpa Vicha’s family, loved ones, and community await. One thousand, five hundred, forty-six days and counting.