Inos sentenced Cepeda to one year imprisonment for each count, and credited all time served. Inos also directed Cepeda to pay a $1,000 fine for each count.
The judge ordered Cepeda’s release pending his processing at the Department of Corrections facility. Cepeda had been in custody since 2004, following his arrest after serving time at a federal prison in Los Angeles, California for mail fraud.
Cepeda was charged with the first degree murder of Rong Zhou who owned the former Yellow House Karaoke Bar in San Jose, on March 1, 2000. Jurors were not convinced that he committed the crime. They also cleared him of two counts of second degree murder, aggravated assault and battery, assault with a dangerous weapon, robbert, and conspiracy.
Chief Prosecutor Michael Ernest told Variety, “We thanked the jurors for the services. It’s a long commitment and lengthy trial.”
Assistant Attorneys General Peter Prestley and Russel Lorfing prosecuted the case while Cepeda was represented by attorney Colin Thompson.
In an interview, Prestley and Lorfing said they respect the jury’s decision, but expressed disappointment in the verdict.
They said evidence pointed to Cepeda’s participation in the murder, including the defendant’s confession to a family member, and testimony of witnesses who were with Cepeda prior to, during and after the murder.
The prosecution added that Inos’ guilty verdict regarding the assault and battery and theft charges indicated Cepeda’s participation in the crime.
George Ilo, now 33, was Cepeda’s co-defendant, and a government witness. Ilo earlier pleaded guilty.
Benjamin Fitial, who served as driver of the get-away vehicle, also testified. He was not charged.
On July 1, 2003, the Attorney General’s Office charged Cepeda and Ilo, then both 22, for Zhou’s murder.
Melvin Cabrera, who is Cepeda’s uncle, was the owner of the “survival” knife used in the crime, the prosecution said.
Ilo, armed with the knife, and Cepeda, armed with a baseball bat, robbed Zhou’s business establishment to get money to buy “ice,” the prosecution said.
When Ilo asked for Cepeda’s help while the victim was struggling for the knife, Cepeda hit the victim’s head with the baseball bat, and then took the knife from Ilo, and stabbed the victim several times, piercing the victim’s lungs and heart, the prosecution said.
Cepeda then took the victim’s wallet, the prosecution added.
In its 2009 decision on Cepeda’s appeal, the located high court vacated his conviction, saying that the trial court did not instruct the jury on all of the essential elements necessary to secure a robbery conviction.
