ORANGE COUNTY DISTRICT ATTORNEY PRESS RELEASE

Case # 16CF0198

Date: March 4, 2016

ADDITIONAL CHARGES FILED FOR THREE DEFENDANTS CHARGED WITH ESCAPING FROM ORANGE COUNTY JAIL

SANTA ANA, Calif. – Additional charges were filed today for three defendants previously charged with escaping from custody at the Orange County Men’s Central Jail (OCJ). Bac Tien Duong, 43, Hossein Nayeri, 37, Newport Beach, and Jonathan Tieu, 20, Fountain Valley, are each charged with one felony count of the unlawful taking of a vehicle and one felony count of kidnapping to commit robbery. The defendants are scheduled to be arraigned today, March 4, 2016, at 10:45 a.m. in Department CJ-1, Central Jail, Santa Ana.

On Jan. 25, 2016, the defendants were each charged with one felony count of escape from pending felony charges. Duong faces also faces sentencing enhancements for prior prison convictions for second degree burglary in 1995 in San Diego County, reckless evading of a peace officer in 2008, and possession for sale of a controlled substance in 2011.

If convicted, Nayeri and Tieu face a maximum sentence of 10 years and eight months to life in state prison for this case. Duong faces a maximum sentence of 12 years and eight months to life in state prison for this case.

Circumstances of the Escape

In January 2016, the defendants were in custody awaiting trial in four separate cases in OCJ.

Between 5:00 a.m. and 10:00 p.m. on Jan. 22, 2016, Nayeri, Duong, and Tieu are accused of escaping custody through OCJ pipelines and by repelling themselves down from the building’s roof.

On Jan. 22, 2016, Duong is accused of calling independent taxi cab driver Long Ma, and the defendants are accused of getting into Ma’s cab in Westminster.

The defendants are accused of telling Ma to drive them to a Target store in Westminster and in Rosemead. Shortly thereafter, the defendants are accused of telling Ma to drive them to a nearby home and forcing Ma to stop the vehicle in a dark residential area. Duong is accused of asking Tieu to give him a firearm and pointing the firearm at the right side of Ma’s rib cage. Duong is accused of forcing Ma to exit the vehicle and the defendants are accused of taking Ma’s cell phone and keys. Nayeri is accused of ordering Ma to get into the back seat of the vehicle, taking Ma’s wallet from his rear right pocket, and pushing the child lock feature of the vehicle’s doors to prevent Ma from escaping.

The defendants are accused of using Ma’s driver’s license to rent motel rooms and to obtain funds. The defendants are accused of intimidating and threatening Ma with violence so that Ma believed that the defendants would kill him if he attempted to escape.

On Jan. 23, 2016, the defendants are accused of responding to a Craig’s List advertisement of a white van for sale. Duong is accused of meeting with the owner of the vehicle and stealing the van after telling the owner that he was going to take it for a test drive. On Jan. 26, 2016, the defendants are accused of using the van to drive northbound to San Jose.

On Jan. 29, 2016, Duong is accused of leaving San Jose and driving with Ma and returning to Orange County. After arriving in Orange County, a friend of Duong’s called 911 and Duong surrendered himself to officers from the Santa Ana Police Department (SAPD).

On Jan. 30, 2016, a citizen contacted the San Francisco Police Department (SFPD) after seeing a white van matching the description released by the Orange County Sheriff’s Department (OCSD) in a Whole Foods Market parking lot. Nayeri is accused of attempting to flee when SFPD officers arrived at the scene. Tieu is accused of attempting to conceal himself under blankets inside the van. SFPD officers arrested the defendants.

OCSD investigated these cases.

Senior Deputy District Attorney Cynthia Nichols of the Special Prosecutions Unit is prosecuting these cases.

Circumstances of Case # 15CF2752

Duong is charged with one felony count of attempted murder, one felony count of assault with a firearm, one felony count of first degree residential burglary, one felony count of shooting at an inhabited dwelling or house, one felony count of assault with a firearm, with sentencing enhancements for the personal use of a firearm, personal discharge of a firearm, great bodily injury. He also faces sentencing enhancements for prior prison convictions for second degree burglary in 1995 in San Diego County, reckless evading of a peace officer in 2008, and possession for sale of a controlled substance in 2011. Prior to the escape, Duong was scheduled for a pre-trial hearing on Feb. 8, 2016.

At approximately 1:00 p.m. on Nov. 18, 2015, Duong is accused of being inside the home of John Doe in Santa Ana and arguing with the victim on the patio. Duong is accused of running toward the victim with a firearm, shooting the gun, and at least hitting the victim once in the upper chest. The defendant is accused of fleeing the scene.

The Santa Ana Police Department investigated this case.

Case # 15WF2638

Duong is charged with one felony count of possession of a firearm by a felon, one felony count of possession of ammunition by a prohibited person, one felony count of carrying a loaded firearm in public with a prior conviction, one felony count of vehicle taking with a prior conviction, one felony count of receiving stolen property, and one misdemeanor count of resisting and obstructing an officer. He also faces sentencing enhancements for prior prison convictions for second degree burglary in 1995 in San Diego County, reckless evading of a peace officer in 2008, and possession for sale of a controlled substance in 2011. Duong is scheduled for a pre-trial hearing on March 15, 2016, at 8:30 a.m. in Department W-12, West Justice Center.

Duong is accused of failing to appear for a scheduled probation hearing, resulting in a warrant being issued for his arrest.

On Dec. 4, 2015, officers from the Garden Grove Police Department (GGPD) contacted Duong at a café in Westminster. Duong is accused of attempting to evade pursuing officers by running away from them. Duong is accused of possessing a firearm at the time of his arrest.

GGPD investigated this case.

Circumstances of Case # 11WF0653

Tieu is charged with one felony count of special circumstances murder, one felony count of attempted murder, one felony count of shooting at an occupied motor vehicle, and one felony count of street terrorism with sentencing enhancements for criminal street gang activity, and vicarious discharge of a firearm by a gang member causing death. If convicted, Tieu faces a maximum sentence of 84 years to life in state prison. On March 9, 2015, a previous jury was unable to reach a unanimous verdict in this case finding 11 to one in favor of guilt and the trial resulted in a mistrial. Prior to the escape, Tieu was scheduled for re-trial on March 18, 2016, at 9:00 a.m. in Department C-35, Central Justice Center, Santa Ana.

Co-defendant Andrew Tran, 21, was found guilty by a jury June 2, 2015, of one felony count of murder, one felony count of attempted murder, one felony count of shooting at an occupied motor vehicle, and one felony count of street terrorism with sentencing enhancements for criminal street gang activity, and vicarious discharge of a firearm by a gang member causing death. Tran faces a maximum sentence of 74 years to life in state prison at his sentencing on March 18, 2016.

Co-defendant Skyler Avila, 20, Santa Ana, pleaded guilty March 3, 2015, to one felony count of attempted murder and one felony count of street terrorism. Avila is scheduled to be sentenced to five years and eight months in state prison today, March 4, 2016, at 9:00 a.m. in Department C-35.

Each of the defendants in this case were juveniles at the time of the crime but were charged as adults.

At the time of the crime, Tieu is accused of being an active member of a criminal street gang.

On the evening of March 20, 2011, Tieu is accused of attending a party along with Avila at Tran’s residence in Westminster. Tieu is accused of leaving the residence along with approximately 18 other criminal street gang members to seek out rival gang members at a pool hall in Westminster. Tieu is accused of carrying a firearm with him in the vehicle. The defendants are accused of engaging in a verbal argument with the victims and other rival gang members and luring them outside of the pool hall. The defendants are accused of forcing the rival gang members to exit the pool hall in order to attack them.

At approximately 2:20 a.m., Tieu is accused of getting into a vehicle with Tran seated in the driver’s seat. Victim, 19-year-old Scottie Bui, and victim John Doe got into their vehicle and attempted to exit the parking lot of the pool hall.

Tran drove alongside the victims’ vehicle with Tieu, Avila and an additional criminal street gang member. Multiple shots were fired from the defendant’s vehicle into the passenger side of the victim’s vehicle. Tran drove away from the scene with Tieu and Avila.

Paramedics responded to the scene and transported Bui and John Doe to the Garden Grove Medical Center to be treated for their injuries. Bui suffered multiple gunshots to the face and was pronounced dead at the hospital. John Doe was treated for a gunshot wound in the back of the neck and survived his injuries.

GGPD investigated this case and arrested Tieu on March 23, 2011.

Senior Deputy District Attorney Daniel Feldman of the Gang Unit is prosecuting this case.

Circumstances of Case # 13CF3394

Nayeri is charged with two felony counts of kidnapping for ransom and one felony count each of aggravated mayhem, torture, and first degree residential burglary, with a sentencing enhancement for inflicting great bodily injury. If convicted, he faces a maximum sentence of life in state prison without the possibility of parole. Prior to the escape, Nayeri was scheduled for a pre-trial hearing on Feb. 2, 2016. Nayeri is scheduled for a pre-trial hearing on March 21, 2016, at 8:30 a.m. in Department C-57.

The OCDA released a press release Nov. 8, 2013, with the following information on the Nayeri case:

At the time of the crime, victim John Doe owned a lucrative marijuana dispensary business.

Prior to October 2012, John Doe took several marijuana growers, from whom he purchased marijuana for his dispensary, to Las Vegas for an extravagant and expensive weekend. Handley is accused of being among the growers who participated in the trip.

After the trip to Las Vegas, Handley is accused of telling friends Nayeri and Ryan Kevorkian that the victim was extremely wealthy. The defendants are accused of devising a plan to kidnap and rob John Doe.

Four weeks prior to the kidnapping, the defendants are accused of video surveilling the victim’s home and following him as he made frequent trips to the desert. John Doe regularly drove to the desert to discuss a possible investment deal, but the defendants are accused of wrongly believing that the victim was driving to the desert to bury large amounts of cash.

Approximately one week prior to the kidnapping, Nayeri is accused of committing a routine traffic violation in Newport Beach, and subsequently leading NBPD on a high-speed chase when they attempted a stop. He is accused of crashing his car and fleeing on foot, and was able to escape at that time. Inside the abandoned car, Nayeri is accused of leaving surveillance equipment and videos, which at that time had no criminal significance.

On Oct. 2, 2012, Handley, Nayeri, and Ryan Kevorkian are accused of entering John Doe’s home with the intent to kidnap and rob him. Once inside, they are accused of zip-tying the victim’s wrists and torturing him, including severely beating him. They are accused of kidnapping the victim and putting him in a van. They are also accused of zip-tying and kidnapping Jane Doe, who was John Doe’s roommate’s girlfriend who happened to be in the home at the time. Before fleeing the scene, they are accused of stealing a large amount of cash from the home.

The defendants are accused of driving the victims to the desert near the area where they believed John Doe was hiding money. They are accused of continuing to torture John Doe throughout the drive by burning him with a blow torch. Once in the desert, the defendants are accused of sexually mutilating the victim by cutting off his penis. They are accused of pouring bleach on the victim in an effort to destroy any DNA evidence and dumping both victims on the side of the road. Jane Doe was not physically harmed.

Handley, Nayeri, and Ryan Kevorkian are accused of fleeing the scene and taking the victim’s penis with them so that it could never be reattached. Jane Doe ran over a mile to a main road in the dark, while still bound with zip ties, and flagged down a police car.

John Doe spent an extensive period of time in the hospital recovering from his injuries.

Senior Deputy District Attorney Matt Murphy of the Homicide Unit is prosecuting this case.

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TONY RACKAUCKAS, District Attorney

Susan Kang Schroeder, Chief of Staff
Office: 714-347-8408
Cell: 714-292-2718