By Ari Burack
April 21, 2008
A three-week-old Sunset District double murder case in San Francisco was thrown into upheaval this afternoon after a teenage witness to the shooting admitted in court that she lied to police investigators about the possible involvement of another man in the shooting — a man who is now apparently missing.
Matthew Owyang, 19, of Daly City, has been held in custody since April 1 on $20 million bail for the March 29 fatal shootings of Jason de la Cruz, 31, of Daly City, and Derek Butch, 23, of San Francisco, at about 2:30 a.m. outside of an Irving Street pizzeria.
Owyang’s attorney, Bill Fazio, has all along proclaimed his client’s innocence, and today at a preliminary hearing, a friend of Owyang’s, 19-year-old Tiffany Chan, of San Francisco, told prosecutors that she was in the backseat of Owyang’s car when it sped away after the shooting, and that Owyang had nothing to do with it.
Following an argument on the street between several people, shots rang out and everyone scattered, Chan and other witnesses testified today.
Chan said she only heard and did not see the shooting, and was shocked when another man, Eric Siu, jumped in the back seat and landed on top of her, before Owyang drove off toward Daly City.
Chan said Owyang had been standing at his car door when the shooting took place and was not involved.
Outside the courtroom, Fazio contended, “Everybody on the street (that night) knew that Eric did it, except the cops and the district attorney’s office.”
According to Fazio, Owyang and Siu were known to “hang out” together, and said that as part of his own investigation, he had contacted Siu, 19, of San Francisco.
“He said he would come by and never came by,” Fazio said. “Nobody’s seen or heard from him.” Fazio said repeated calls to Siu’s cell phone went straight to voicemail.
“I think he’s on the run,” Fazio said.
“I don’t have many clients who aren’t guilty of something,” Fazio admitted. “When I looked at it more and more, I became absolutely convinced that he (Owyang) was innocent (of the current charges),” he said.
Prosecutor George Butterworth repeatedly questioned Chan during the hearing about why she had not told police during two subsequent interviews — one after Owyang’s arrest — about Siu getting in the car, though she did tell investigators that Owyang was not the shooter.
“Because I was scared,” Chan said. She denied seeing any gun in the car, and did not in court identify Siu as the man responsible.
When Butterworth asked her what was discussed inside the car after they left, Chan replied curtly, “Nothing.” She said the car pulled over a few blocks later, when another young man in the car got sick and threw up, and Chan got into the vehicle of a girlfriend of hers who had been following them.
Chan described her relationship with Owyang, saying “We don’t really speak, but we’re friends.” She said her relationship with Siu was “way different” but did not elaborate.
Chan added that she did not know where Siu is. Earlier in the day, 21-year-old Sonia Powazek, a witness inside the pizza shop at the time of the shooting, testified that she identified Owyang from a police lineup as looking “the most familiar” to her as the suspect.
“I’m most probably sure,” Powazek said today. “I don’t want to say definitely.”
Powazek is so far the only witness in court to identify Owyang as the suspect.
Butterworth declined comment today and the preliminary hearing is scheduled to resume 10:30 a.m. Tuesday.
Fazio said he intends to bring his own witnesses to testify at the preliminary hearing Tuesday.
“I have witnesses that identify Eric as the shooter,” said Fazio.
Owyang has pleaded not guilty to two counts of murder, two counts of using a firearm in the commission of a murder, and a special circumstances allegation of multiple murders that could bring a sentence of up to life in prison if he is convicted.
Fazio said today that he felt it “would be ill-advised” if prosecutors now decide to charge Owyang as an accomplice.
The Hunger Site
No Comments
Comments for Witness turns pizzeria double shooting case on its head are now closed.