LOS ANGELES (CBSLA.com) — A 21-year-old man – one of four people arrested in the 2014 fatal beating of a USC graduate student from China who was attacked during an attempted robbery — was sentenced Wednesday to life in prison without the possibility of parole.
Andrew Garcia was convicted June 8 of first-degree murder for the July 24, 2014, death of Xinran Ji, a 24-year-old electrical engineering student who was killed near the campus after walking another student home from a late-night study session.
Jurors in Garcia’s trial found true a special circumstance allegation of murder during an attempted robbery, along with an allegation that he personally used a baseball bat during the attack.
“We lost the sunshine from our life,” said Songbo Ji, the victim’s father, speaking through a Mandarin translator. “He was our only child. People our age are now planning weddings for sons and daughters. But every day for us, we are paying tribute to our son. We are completely heartbroken.”
Garcia’s co-defendant, Alejandra Guerrero, 19, was convicted last October of first-degree murder for her role in the killing, with jurors finding true the special circumstance allegation of murder during the commission of an attempted robbery, along with an allegation that she personally used a wrench during the attack on Ji.
Guerrero — who is awaiting sentencing and also faces up to life in prison without parole — was also found guilty of one count each of robbery, attempted robbery and assault with a deadly weapon for attacking a man and woman at Dockweiler State Beach about two hours after targeting Ji.
Garcia was also convicted of the same three charges stemming from the Dockweiler attack.
Two other young men — Jonathan Del Carmen, 22, and Alberto Ochoa, 20 — are still awaiting trial in Ji’s killing.
Garcia sat quietly in Los Angeles Superior Court in downtown L.A. and stared straight ahead during the emotional sentencing hearing that included tearful statements from the victim’s relatives, some of whom traveled from China.
“They ambushed him. They caught him off-guard,” Deputy District Attorney John McKinney told jurors during his closing argument of Garcia’s trial, saying the victim was “mercilessly” beaten with a baseball bat.
Garcia and Guerrero caught up to the victim after he fled from the scene of an initial confrontation and continued the attack, the prosecutor said.
Garcia and Guerrero ran away after Del Carmen drove off and the two eventually got back into the vehicle with the others, while the victim was able to stagger away and make his way back to his fourth-floor apartment, McKinney told jurors.
“He’s dying. The fatal blows have already been inflicted. He doesn’t know he’s dying ….,” the prosecutor said of surveillance footage showing the victim returning to the apartment building where he was found lifeless by one of his roommates later that morning.
Garcia and three of his friends were subsequently involved in the attack at Dockweiler Beach, in which the female victim was robbed and the male victim was struck with a baseball bat, McKinney said.
DNA testing determined that an aluminum baseball bat with blood on it that was found later that day near Dockweiler Beach contained Ji’s blood, the prosecutor said.
When he was subsequently questioned by police about the attack on Ji, Garcia initially denied being in the area and then minimized his involvement in the crime and claimed Ochoa was the one wielding the bat during the attack on Ji, McKinney said.
“The evidence suggests he (Garcia) inflicted most of the severe ones (blows),” the prosecutor said.
In a surreptitiously recorded phone call between Ochoa and his mother after his arrest, Ochoa pinned the majority of the blame on Garcia in connection with the attack on Ji, McKinney noted.
In his closing argument, Garcia’s attorney, David Kwak, noted that Ji made it back to his apartment with his possessions, including a cellular phone and his wallet, showing jurors a photo of the wallet with cash inside.
Prosecutors are not seeking the death penalty against Garcia or Del Carmen. Guerrero and Ochoa could not face the death penalty because they were both under 18 at the time of the crime.
Ji’s killing occurred two years after two other USC graduate students from China were shot to death during an April 2012 robbery as they sat in a car that was double-parked on a street near the USC campus.
Two men — Javier Bolden and Bryan Barnes — were convicted and sentenced to life in prison without the possibility of parole for the killings of Ying Wu and Ming Qu, who were both 23.
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