Friday May 2, 2008 Updated 7:20 PM—
A date for sentencing has been set for Monday, June 9 at 9 am at 850 Bryant Street, Department 21. The sentencing is open to the public. Check back for further developments.
The man charged with killing former Skyline student, Justin Mendoza, was found guilty of first-degree murder on Wed. April 16.
Gerry Phongboupha, 25, was convicted of shooting and killing Mendoza, 21, outside of a nightclub in the early morning hours of March 21, 2005.
Phongboupha and Mendoza were outside of Café Cocomo nightclub in the Potrero district, when Phongboupha fired numerous shots into a crowd of people, striking Mendoza in the heart.
Mendoza, who was at the club celebrating a friend’s birthday party, was exiting when shots rang out. Six people were wounded, including Mendoza, who was immediately killed.
After the shooting, Phongboupha was arrested when police pulled his car over and found him driving without a license. He was immediately taken into custody at the Contra Costa County jail in Martinez.
While in jail, Phongboupha made numerous phone calls and was caught on audio tape allegedly discussing the murder of Mendoza, and asking for help in getting rid of his car and his clothes.
In one taped conversation, Phongboupha said, “My car’s really hot….and I’ve got to get rid of my bapes.” “Bapes” or Bathing Apes, is a type of shoe that one witness distinctly remembers Phongboupha wearing the night of the murder.
According to the defense attorney for Phongboupha, Joe O’Sullivan, the most incriminating evidence was when Phongboupha was recorded saying “I popped a bitch last night.”
According to eye-witness reports, when the jury read the guilty verdict, Phongboupha sat “stoic” and “stone cold.”
“He didn’t show one ounce of remorse,” said Denise Mendoza, the victim’s mother. “He had a look on his face like he didn’t even care.”
Defense Attorney Sullivan believes the jury was compromised and is in the process of appealing the verdict.
“In this case, one juror had reasonable doubts but the judge left him on after I asked that a mistrial be granted,” Sullivan said. “We are definitely appealing.”
However, Prosecutor Robert Wade is confident in the jury’s decision.
“I think they did a good job,” Wade said. “The evidence clearly showed that Phongboupha was guilty and that Justin was completely innocent. Justice was served.”
A date for sentencing has been set for Monday June 9. Phongboupha faces 25 years to life in prison for the murder, but the victim’s family does not take any satisfaction from the possibility.
“I don’t find it gratifying,” Denise Mendoza said. “Even though we fought so hard for justice, it’s not going to bring back my son. Justin was a very loving and caring person; he had plans for himself.”