Evidence outlined in freeway killing of Jasper Wu in Oakland

OAKLAND, Calif. - A preliminary hearing is underway for three alleged gang members accused in the shooting death of a Bay Area toddler.

At the end of the hearing, Judge Scott Patton of Alameda County Superior Court will determine whether there is enough evidence for the men to go to trial.

The family of two-year-old Jasper Wu asked that District Attorney Pamela Price seek the toughest charges and sentences possible, against the suspects in the case: Trevor Green, 22, Ivory Bivens, 24, and Johnny Jackson, 28.

The defendants were accused of engaging in a gang-related shoot-out on Interstate 880 near downtown Oakland in 2021. A fourth suspect, Keison Lee, died in a separate, drive-by shooting last year.

A stray bullet from the gun battle, struck and killed 23-month-old Jasper while was in his car seat in his mother's car heading in the southbound direction.

Outside the courthouse Monday morning, the attorney representing Jackson, said her client is innocent and that the other men fired at him.

"The death of a child is a tragedy, but Johnny Jackson did nothing to cause the death of this child," Annie Beles, said. "He was the victim of an unprovoked attack by an AK-47 on the freeway."

Beles said she would ask that all charges be dropped against Jackson by the end of the preliminary examination.

Ernie Castillo, an attorney for Bivens said, "We certainly intend to establish his lack of involvement in this case. We also intend to flesh out the racist and class-biased tendencies on the gang enhancements in this case."

Price's predecessor, former Alameda County District Attorney Nancy O'Malley charged the three men with everything from murder to shooting at an occupied vehicle, and added firearm and gang conspiracy enhancements as well as special circumstances. Price has not said whether she'll keep those sentencing enhancements in place, or drop them.

In an interview with KTVU earlier this month, she talked about how her office will approach some criminal cases differently than her predecessor.

"I believe the reason we were elected, is that Alameda County voters knew change was long overdue," Price said. "We have consistently voted in Alameda County for criminal justice reform."

Price joined her supporters at a rally in front of the courthouse in Oakland Sunday to reiterate her criminal justice philosophy.

Critics of her stance held their own rally earlier this month, expressing their fear of a lenient prosecution for the three men accused in Wu's killing.

KTVU legal analyst Michael Cardoza said sentencing enhancements are an important part of the criminal justice process and can serve as a deterrent.

"Sentencing enhancements exist to stop people from, for example, using guns. As opposed to a knife, when you shoot someone with a gun you're more likely to hit others," he said. "There are just some people that shouldn't be among us," he said regarding longer prison sentences for violent criminals.

The preliminary examination of the three defendants is expected to last for most of the week.

Jasper's family was not in court. An attorney representing the family, former Alameda County prosecutor Norbert Chu said, "They would like to be free - well, not free - just away from all the hoopla that's going on. RIght now, their focus is moving this case forward and getting it done."

Castillo said, "We've tried to stay away from the political circus surrounding this case. We don't think it's done anything good for the parties involved."