Don't use a flashy car for a drive-by shooting when you have already been convicted for a non-fatal drive-by shooting in the same car in the same neighborhood!

2016-M-310         State of Minnesota, Respondent, vs. True Thao, Appellant.

THE CRIME: On October 26, 2013, members of the Oriental Ruthless Boys(ORB) criminal gang committed a drive-by shooting at members of the Oroville Mono Boys (OMB) criminal gang at the Moonshine Saloon on the east side of St. Paul.  This was a retaliation for a fatal stabbing by and OMB member at that scene.

Thao was an ORB member who had been convicted of an attempted murder in a drive-by shooting in that area in 2000.  Witnesses testified that Thao had been at an ORB meeting just prior to this shooting, and that they had travelled in Thao’s distinctive blue Acura with orange grill lights.  Witnesses who identified Thao said that they saw his Acura and watched as Thao rolled down his window and shot OMB member Adlai Xiong to death while wounding T.X. and P.L.

Thao was convicted of one count of first-degree premeditated murder for the benefit of a gang, Minn. Stat. §§ 609.185(a)(1) (2014); 609.229, subd. 2 (2014), and two counts of attempted first-degree premeditated murder for the benefit of a gang.

THIS DECISION:  On this direct appeal, the Supreme Court rejected all of Thao’s claims for a new trial.

First, the Supreme Court held that the district court’s allegedly erroneous admission of evidence was harmless because it did not significantly affect the verdict.   Further, such evidence as Thao’s 2000 conviction of attempted murder in a drive-by shooting of arrival gang member and other prior gang-related conduct is admissible for other purposes, including to show motive, intent, absence of mistake, identity, or a common scheme or plan.

Second, the Supreme Court held that the district court did not abuse its discretion when it admitted expert testimony on gangs. Sgt. Richard Straka testified about his investigation leading to Thao’s 2000 conviction of attempted murder in a drive-by shooting of arrival gang member, Straka’s knowledge of Thao, and his experience in investigating Hmong gangs in Ramsey County.

Third, the Supreme Court held that the district court’s jury instruction on reasonable doubt was not an abuse of discretion.  The Minnesota Supreme Court had already approved an identical jury instruction in a prior case.

Finally, the Supreme Court held that the appellant’s pro se arguments lacked merit.  These claims were not even adopted or backed by Thao’s appellate lawyer.  These complaints were construed as general and unfounded complaints about claims of prosecutorial misconduct during trial, improper admission of evidence, and ineffective assistance of trial counsel.

               Stras (Gildea, Anderson, Dietzen, Lillehaug)

Took No Part:  Hudson.

               [CRIME] [MURDER] [FIRST-DEGREE] [GANG]

Date: February 24, 2016