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Jury convicts man in shootout at Vietnamese restaurant

Defense plea that it was staged won't pass muster

By Sue Lindsay, Rocky Mountain News (Contact)

Published December 10, 2008 at 12:05 a.m.

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A Denver jury convicted a man Tuesday on numerous charges from a shootout with police last fall at a Vietnamese restaurant.

Prosecutors said Phuong Van Dang, 27, came into the Ha Noi restaurant wearing a mask and carrying a shotgun and a black duffel bag, planning to rob restaurant patrons.

Defense attorneys said Dang was there for a staged robbery of proceeds from an ongoing gambling operation at the restaurant and that no one really was in danger.

Dang was convicted of attempted first-degree assault on a peace officer, attempted second-degree assault on a peace officer, assault, menacing, attempted aggravated robbery, attempted theft of more than $20,000, reckless endangerment and possession of a weapon by a previous offender. Dang faces further charges as a habitual criminal. A sentencing date has not been set.

Detective Jesse Avendano and Sgt. John Pinder, who were on duty but not in uniform, testified during the weeklong trial that they were having lunch at the restaurant when they heard screams and saw employees fleeing the kitchen of the restaurant on South Federal Boulevard.

They said Dang trained a 12-gauge shotgun on customers.

Pinder fired at Dang and the three exchanged shots. Three restaurant patrons were wounded by police bullets. Dang's gun jammed as he tried to shoot directly at police.

The officers said they acted cautiously to keep more people from being killed or taken hostage.

But public defender Fernando Freyre said the police shootout was far from heroic.

"They were sitting there having lunch in the middle of a major gambling operation. They didn't know what was going on right under their noses," Freyre contended.

"The police had to justify their conduct for shooting at people in a crowded restaurant," Freyre said. "They said, 'We were heroes. We risked our lives to save the lives of people in that restaurant.' Or did they risk the lives of everyone in the restaurant by spraying it wall-to-wall with hollow-point bullets designed to maim and kill?"

Freyre admitted that Dang came into the restaurant with a shotgun, but argued that he should be convicted on lesser charges of attempted theft, reckless endangerment and disorderly conduct with a deadly weapon.

Prosecutor Christine Washburn said Dang was fully responsible for everything that happened that day.

"None of this would have happened if the defendant had not come into the restaurant on that day with a loaded shotgun," she said.

Washburn said people who were in the restaurant that day credited police with saving their lives.

If Dang were really participating in a staged robbery, as the defense argued, Washburn questioned why he would pick the lunch hour when the restaurant is filled with patrons?

He came at noon, knowing that the place would be packed with people and planning to rob them of their money and valuables, Washburn said.

Comments

  • December 10, 2008

    3:51 p.m.

    Suggest removal

    vieteblem writes:

    Not to defend the arm robber Dang but these off duty cops are just typical trigger happy cops. They just can wait to have a chance to shoot off their weapons in public and not be reponsible for anyone they hurted, hidding under the guise of their badges. The prosecutor and the authority of this town are just brushing off hurt vietnamese victims as minimal casualties and defend these off duty cops. Good thing a blackman like Obama has won the presidensy of the US or minorities will continue to suffer without any voice of their own.

  • December 10, 2008

    5:13 p.m.

    Suggest removal

    becket writes:

    But public defender Fernando Freyre said the police shootout was far from heroic.

    Freyre is a pos and so are you vieteblum.

  • December 10, 2008

    6:39 p.m.

    Suggest removal

    arthistorybabe writes:

    vieteblem - I know one of the cops - he is far from trigger happy. How can you accuse someone of something if you have never laid eyes on them or met them...humm......

  • December 12, 2008

    12:40 p.m.

    Suggest removal

    chrisp writes:

    Vieteblem....obviously you don't have a clue as both of these men are minorities themselves (I know them) and they are far from trigger happy and they are heros....even the victims who were shot said they didn't have a choice. I'd love you bleeding heart freaks be put into a position these officers are put into and see how you respond. Go request a ride-along some night and see what they deal with night after night....or better yet try and take the tests required to get on the department....Not a chance!