 |
|
|
|
|
|
|
|
|
|
|
|
|
 |
|
|||||||||||
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
 |
 |
 |
 |
 |
 |
|
||||||
The Case for Vincent Chin: A Tragedy in American Justice (2 of 5)
Ebens and Nitz were arrested at gunpoint by the Highland Park police at the scene, with Ebens at first refusing to stop and drop the baseball bat.
Vincent Chin was taken to Henry Ford Hospital in Detroit. In spite of the 8-hour head surgery performed on him, tests showed that Vincent was brain-dead. He died 4 days later on June 23, 1982 after being taken off of life support systems. The 400 people who were to be his wedding guests, instead attended his funeral to mourn his death. Mere words cannot adequately describe the grief and sorrow suffered by Vincent's widowed mother Lily Chin at the loss of her only child.
On October 5, 1982, Judge Thomas C. Bayles of thd 30th District Court for Highland Park presided at the preliminary examination of Ebens and Nitz. Judge Bayles was extremely critical of the charges filed against the 2 defendants. In Judge Bayles' own words, on the official court record:
I am of, the opinion that the defendants, in this case, were undercharged. The elements of first degree murder is here. First degree murder ... It was more than enough time for the blood to cool, to have gone home and thought about this, two days. He (Ebens) did not go home. He took his bat and he chased around Highland Park and he found where the deceased rested. I say to you gentlemen that there was a willful, deliberate, premeditated killing of a human being, in this case, under circumstances which did not constitute excuse or justification. THERE WAS FIRST DEGREE MURDER. They have been undercharged. (Emphasis added.)
Being bound to discharge his duties as the preliminary examination judge, Bayles was forced to bind the defendants over to the Wayne county Circuit Court on a charge of second degree murder. Thereafter, negotiations on a plea bargain were entered into between the attorneys for Ebens and Nitz and the Wayne County Prosecuting Attorney William Cahalan, resulting in pleas by both defendants to the lower charge of manslaughter, on February 8, 1983. The case was assigned to Wayne County Circuit Judge Charles S. Kaufman.
On March 16, 1983, Judge Kaufman pronounced sentence on the defendants. At the time of the arguments prior to the judge's decision on sentence, NO ATTORNEY from the Wayne County Prosecuting Attorney's office was present to argue on behalf of the People of the State of Michigan, the Chin family, and the deceased victim, Vincent Chin.
