THE Attorney General’s Office, through Assistant Attorney General Steven Kessel, is opposing Lyuqin Yi’s motion to dismiss the information filed against her in local court.
Yi was charged with accessory after the fact in the case of a man who died from injuries after being stabbed several times on New Year’s Eve.
Yi, 53, is the girlfriend of Ling Yang Kong, 34, who is charged with stabbing and killing Songzhi Li with a knife.
In response to the motion to dismiss the information, Kessel said it contains the precise language of the statute Yi is alleged to have violated, namely 6 CMC 202(a).
“In addition to the language of the statute, the information states the date of the offense, and where the violation occurred. It also alleges the action taken by the defendant, namely that she, knowing Ling Yang Kong had committed the crimes of 2nd degree murder, assault with a dangerous weapon, and/ or assault and battery, hid a knife by him in the commission of such crimes,” the government lawyer said.
In 6 CMC 202, “accessory after the fact” is defined as “every person who, knowing that an offense against the Commonwealth has been committed, receives, relieves, comforts, or assists the offender in order to hinder or prevent the offender’s apprehension, trial or punishment, is an accessory after the fact. An accessory after the fact may be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half of the maximum fine prescribed for punishment of the principal, or both; or if the principal is punishable by life imprisonment, the accessory may be imprisoned not more than 10 years.”
According to Kessel, Yi was present with counsel, Matthew Holley, at the preliminary hearing when Detective Buddy Igitol testified as to the factual basis for the charge against her.
Kessel said the Office of the AG’s criminal division also supplemented the information by providing the defendant with over 250 pages of discovery materials, along with numerous CDs containing photographs, video recordings, and other materials, which also established that Yi hid a knife used by Ling Yang Kong in the killing of Songzhi Li.
Taken together, Kessel said, the information provides sufficient information to allow Yi to adequately prepare her defense and avoid double jeopardy.
The government lawyer asked the Superior Court to deny Yi’s request to dismiss the information against her.
On Jan. 13, 2022, the court found probable cause to charge the couple involved in the death of the victim.
Kong was charged with second degree murder, assault with a dangerous weapon, and assault and battery while Yi was charged with accessory after the fact.
Holley, in his motion to dismiss, stated that the specific allegation against his client is that she was an accessory after the fact.
But hiding a knife that was used in a crime, in and of itself, is an insufficient basis to maintain a charge of accessory after the fact, Holley added.
“What is glaringly missing from the allegation against Ms. Yi as an accessory after the fact: that she assisted the offender when she hid the knife.
“In fact, just the opposite occurred. Unbeknownst to the co-defendant, Ms. Yi hid the knife from him, pulling it out of his back pocket,” Holley said.
Further, he added, “it is undisputed that Ms. Yi approached [Department of Public Safety] officers to cooperate, including showing them where the knife was, leading to its recovery by DPS.”
Presiding over the case, Associate Judge Joseph N. Camacho has scheduled an evidentiary hearing for Yi’s motion to dismiss for May 4, 2022 at 10 a.m.
The court did not impose bail on Kong, but imposed a $25,000 cash bail on Yi.
According to court documents, Kong told police through a translator that the victim, Songzhi Li, invited him for some drinks at a bar in Garapan.
Sometime after arriving at the bar, Kong said he got into an argument with the victim’s girlfriend.
Shortly after, Kong said he exited the bar to end the argument, but the couple followed him outside.
He said after Songzhi Li assaulted him and Kong’s girlfriend, Kong reached for the pocket knife in his right back pocket, unfolded it and thrust it toward the victim.
Police said the victim suffered from multiple injuries to his upper body with lacerations on his head, neck, and upper torso and puncture wounds to his left rib cage.
The victim succumbed to his injuries and was pronounced dead at the hospital on Jan. 1, 2022, at 6:35 a.m. due to multi-organ failure.
