Apr 3, 2008 1:30 pm US/Pacific
Teen In Court On SF Pizza Parlor Shooting Charges
SAN FRANCISCO (BCN) ―
A 19-year-old Daly City man charged with a killing two men outside a Sunset District pizza shop early Saturday appeared in San Francisco Superior Court Thursday morning but delayed entering a plea.
Matthew Owyang, a thin man with dark hair, was dressed in orange prison garb and accompanied by his attorney Bill Fazio. Judge Marla Miller asked him if he wanted to postpone entering a plea and waive his right to a speedy arraignment.
"Yes," Owyang said in a deep voice. He is scheduled to reappear for arraignment and plea entry Tuesday morning.
Daly City resident Jason de la Cruz, 31, and San Francisco resident Derek Butch, 23, were shot dead at about 2:30 a.m. Saturday outside a pizzeria at Irving Street and 19th Avenue, reportedly after an argument with another group, police reported.
Police described the suspect as an Asian man in his early 20s with a thin build, and short, spiky dark hair. The suspect reportedly left the scene in a dark two-door car.
Owyang was arrested Wednesday at his Daly City home, where Fazio says he lives with his family. Fazio said he believes Owyang is a student at City College of San Francisco.
Prosecutors have charged Owyang with two counts of murder, two counts of using a firearm in the commission of a murder, and a special circumstances allegation of multiple murders that could bring a sentence of up to life in prison if he is convicted.
Outside the courtroom, Fazio said he asked to postpone plea entry because he was still receiving evidence in the case, adding that the evidence he had already received was "insufficient, incomplete and certainly not compelling."
"They've arrested the wrong person," Fazio said.
Based on the evidence he had seen, Fazio said that Owyang had only been identified by one young witness as someone who looked "most like the shooter."
"That's not the kind of evidence that supports a conviction for two counts of murder," said Fazio. He did acknowledge that "my client may very well have been present and he may have left in the vehicle" police described.
District Attorney Kamala Harris declined to discuss the evidence, citing an ongoing investigation.
"We do believe ...that there is evidence to prove the case beyond a reasonable doubt," Harris said.
Harris called the case "a tragedy" and pleaded for public help, not only in this case, but in all cases of "senseless violence" plaguing San Francisco, she said.
"We have to say as a community, that each of us is going to do our part to stand up and say this is wrong," she said.
"Law enforcement will do its part," Harris added, "but there is a very serious and significant role for the community to play."
"Anyone who has information about these, the worst of crimes -- murder -- they have to come forward," said Harris.
Police have asked that anyone who may have witnessed the shooting contact homicide investigators at (415) 553-1145 or call the confidential tip line at (415) 575-4444.
Owyang remains in custody on a no-bail status. Fazio described him as "quite depressed, obviously" and said that he will seek a bail reduction.
Harris said Owyang committed "horrendous acts and should not under any circumstances be released."
(© CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. Bay City News contributed to this report.)
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