STORY and PHOTOS by Tam Nguyen, Nguoi Viet
WESTMINSTER, Calif. – Two women charged with murdering Kim Pham will stand trial in connection with her death, a Superior Court judge ruled Tuesday.
A preliminary hearing continues for (lt to rt) Vanesa Tapia Zavala and Candace Marie Brito in the West Justice Center February 11, 2014 in Westminster, California. The two are charged in the beating death of Kim Pham in front of a Santa Ana nightclub. Pool/Getty Images
Judge Thomas J. Borris declared prosecutors had enough evidence to put Candace Brito, 27, and Vanesa Zavala, 25, on trial. Pham, 23, from Westminster, was assaulted outside of the Crosby nightclub in Santa Ana on Jan. 19. Two days after the attack, she was removed from life support. She died from blunt-force trauma to the head, according to the Orange County Coroner’s office.
Tuesday’s testimony began where the hearing left off Monday with a video showing the fight at the Crosby. Orange County Deputy District Attorney Troy Pino led Santa Ana Det. Leo Rodriguez through the video, asking him to describe what had occurred.
Rodriguez acknowledged that Pham landed a “couple of” punches to Brito’s head, adding that Brito kicked and struck her twice in the head.
Zavala’s attorney, Kenneth Reed, cross-examined Rodriguez and asked him if Pham struck Zavala. “It appears that she (Pham) does in the video,” he said.
Kenneth Reed, Vanesa Zavala’s attorney, makes a statement outside of the courthouse in Westminster.
Darwin Arayata, an eyewitness to the fight at the Crosby, also testified, providing the key evidence in Tuesday’s hearing. He said he recorded the fight.
Arayata said he saw two women — one Asian and one Hispanic – as they hit the ground. Arayata then saw a second Hispanic woman came over and make a kicking gesture toward the Asian female. Arayata then saw a third Hispanic female woman came over and kick the Asian female on the left side of the head, he said.
The attorney for one of the women said the evidence presented didn’t justify a murder charge.
Michael Molfetta, who represents Zavala, said in the courtroom, “This is a manslaughter, that’s what this is. It’s not a murder case.”
Pino, the assistant district attorney, disagreed. “Clearly on the tape, you can see both the defendant punching and kicking the victim while she was down. It’s really clear in the video,” Pino said during a news conference after the hearing.
Orange County Deputy District Attorney Troy Pino addresses the media.
“It’s disputed as whether she (Pham) was the aggressor or not. Some people say yes, others say no, Depends on who you are and what you saw,” Pino said. “It doesn’t matter if she (Pham) was the aggressor or not. The bottom line: she is on the ground defenseless, and these two defendants kicked her in the head. That’s what killed her.”
Molfetta disagreed. “There are a lot of things out there that have not yet been reported. … Pham was the one that lit the match,” Molfetta said during the news conference. Molfetta added that Pino saying it did not matter who started the fight was a misstatement of the law, in his assessment.
Michael Molfetta, Candace Brito’s attorney, addresses the media outside the courthouse in Westminster.
“It does matter who starts it because to bring forth the arguments of self-defense. You must prove you did not create the need for self-defense,” Molfetta said.
Judge Borris ordered the suspects to be back in court Feb. 21.
