Teen picks prison, won't testify about massacre

TACOMA - A teenager has decided to spend the rest of his life in prison rather than testify against three cohorts as he had first agreed in a trial stemming from the city's worst mass killing.

In a startling development yesterday, Marvin Lofi Leo, 18, pleaded guilty in Pierce County Superior Court to five counts each of aggravated first-degree murder and first-degree assault in a gang-related attack at the Trang Dai Cafe on July 5, 1998.

"This was not a rash decision," Leo's lawyer, Gary Clower, told Judge Rudolph Tollefson. "He thinks this is the right thing to do, and he wanted to make his peace with the victims' families."

Deputy Prosecutor Ed Murphy said there would be no impact on his case against Jimmee Chea, 20, Sarun Ngeth, 20, and John Phet, 18, each facing the same charges and life in prison if found guilty.

"We didn't build our case around Marvin's testimony," Murphy said. "It was extra."

Nonetheless, he and other lawyers in the case were caught by surprise.

"It's staggering," said Phet's attorney, Mary Kay High.

About two dozen of Leo's family and friends crowded the small courtroom.

Lea Lofi Tavai Leo said he believes his son pleaded guilty for fear of retribution.

"I don't feel he's done all of these crimes," the distraught father said. "He's not that kind of kid. He's just not that type."

Formal sentencing was set for Feb. 11 to give victims' relatives a chance to address the court. Prosecutors opted not to seek the death penalty against any of the defendants. The only other penalty for aggravated murder under state law is life in prison without parole.

Accused of being one of five who did the shooting, Leo previously agreed to testify for the state in exchange for being allowed to plead guilty only to first-degree murder and a promise that prosecutors would recommend a 40-year prison term.

Clower said Leo talked with relatives and his pastor and prayed before reaching his decision.

"He's really a good kid in a lot of ways," the lawyer said. "Marvin may be the only one in the group who is truly remorseful for what he did."

Still expected to testify for the prosecution is Veasna Sok, 19, in exchange for being allowed to plead guilty to one count of first-degree murder with a recommended sentence of 26 years and 8 months. For now, Sok is still charged with the same offenses as the others.