The gravity of the allegations against alleged Half Moon Bay gunman Chunli Zhao does make him eligible for the capital penalty, but San Mateo County District Attorney Steve Wagstaffe says he has not yet determined whether to seek a death sentence.
The question is, how probable is that? Expert on the law Michael Cardoza says it’s highly improbable due to the governor’s moratorium on the death penalty in 2019 and the growing public opposition to capital punishment. Cardoza said Zhao’s mental health would be the primary focus of the case despite the allegations filed against him on Wednesday.
On Wednesday, Zhao appeared in court at the San Mateo County Superior Court in handcuffs and a red jumpsuit. The 66-year-old was charged with seven counts of murder and one count of attempted murder by Wagstaffe following Monday’s shooting in Half Moon Bay.
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The only suspect in the incident, Zhao’s defence will undoubtedly question his mental stability. Cardoza believes the defence will have doctors investigate what triggered Zhao’s rage, while the prosecutor’s office will work to ensure Zhao remains incarcerated.
“The bottom line question in a courtroom is, did he know right from wrong when he committed these homicides?” Cardoza said.
Although Zhao meets the legal requirements for the death penalty, Cardoza says he won’t pursue it because of the state’s stance on capital punishment. The DA will likely seek exceptional circumstances, so he expects negotiations with the defence.
“To find him or have the DA agree, which they won’t, to him being not guilty by reason of insanity, which then sends him to a psychiatric hospital. But I’ll tell you that’s going to scare the holy heck out of judges and the community, and I don’t see that happening,” Cardoza said.
Cardoza agrees that the judicial process is slow, estimating a resolution time of six months to a year at the earliest.
“My crystal ball tells me it will come up to either life without the possibility of parole or he’s going to get 50-75 to life, or it could go to trial and you know what jury will do, they’ll bring him in and they’ll find him guilty and off they go,” Cardoza said.
The DA also says they’re investigating Zhao’s history with the police. On February 16th, Zhao will return to court for a hearing.
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