The men accused of killing 23-month-old Jasper Wu on an Oakland freeway will not face the possibility of life without parole thanks to Alameda County District Attorney Pamela Price -- an issue for the child’s family and their friends.
“At this point transparency is so important from the DA’s office. Time after time we see plea deals or charges being dropped. It's not comforting,” said Carl Chan, community leader.
Ivory Bivens and Trevor Green will face murder charges with a gang enhancement in the case.
Police believe Jasper was killed when his family's car was caught in the crossfire of a gang shootout on I-880 back in 2021.
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Chan said Jasper’s family is frustrated by the new DA's decision to drop some of the enhancements set in place by former DA Nancy O’Mally.
“It is important to the family to seek the maximum so-called sentencing as possible,” he said. “We are not only talking about how many years, it's about what message are we willing to send to the people that are committing the crimes against innocent families.”
While Jasper's family believes the changes are significant, Bivens’ attorney Ernie Castillo believes the change won't mean much for his client. Who he says is still facing the possibility of 265 years behind bars.
“I think those are changes without a difference really. My client is still facing an indeterminate life sentence, so from my perspective, nothing has changed,” he said. “So we are going to be prepared to fight this thing all the way through.”
Castillo plans to fight the gang enhancement and is adamant that there is no evidence linking his client to the rolling gunbattle.
“I feel like the way this is charged they have succumbed to the political pressure surrounding the case and I really hope they see the problems in this case and do the right thing,” said Castillo. “The preliminary hearing in this case established quite clearly that Mr.Bivins had nothing to do with this case.”
The other defendant, Green, who police say was in the same car with Bivens, is facing 175 years in prison if convicted. A third suspect, who has now been ruled a victim by a judge, will face a felony firearm charge.
The DA did not comment Wednesday, but in an earlier statement, Price said she is committed to seeking justice for Jasper, writing, "We will continue to hold these men accountable for these serious charges that will likely land them behind bars for the rest of their lives.”
