‘Justice for All’ Means Victim and Suspect

Kabir Zekria right now sees the justice system turned upside down: A day after his brother Amir was shot to death in front of the family’s Irvine apartment, the confessed killer was let out of jail.

“Where is the justice for us?� he asked on behalf of his close-knit family of 13.

The emotional issue has engulfed not just many of the Zekrias’ friends and neighbors but also others who share their Islamic faith, including the Los Angeles-based support organization Project Islamic HOPE. All are demanding that murder charges be filed and have publicly demonstrated to push their case.

It’s not something you can expect the Zekrias to accept in their grief, but justice in this case is probably working the way it should:

A serious investigation is ongoing, with the Irvine Police Department cooperating with the district attorney’s office.

That isn’t enough for the Zekrias’ supporters. Some 250 of them recently gathered to protest the district attorney’s indecision so far on filing charges two months after the shooting. More than 1,000 have signed a protest petition. The family plans to use it to seek federal intervention if prosecutors don’t file charges.

“Corruption in the D.A.’s office� was the rallying cry of protest organizers.

The district attorney’s final decision may or may not work out the way the Zekria family thinks it should. But a public protest before all the facts are in doesn’t help anybody.

“Justice must run two ways,� said Deputy Dist. Atty. Jim Tanizaki, in charge of this case. “The suspect has a right to justice too, not just the victim.�

The prosecutor wouldn’t discuss details of the investigation. But other officials said he needed more time to review police reports that were still coming in. That meant releasing the suspect, Chrysanthus Thomas, 25. By law, Thomas could not be held in custody after 48 hours if not charged.

Just the fact that this case is still under review several weeks later gives you an idea that maybe not all is as clear as the Zekria family sees it.

Here’s what we know:

Amir Zekria, 23, and Thomas, involved in an ongoing dispute, got into a loud argument in the parking lot of the Woodbridge Villas complex, where both lived.

Zekria was unarmed; Thomas had a gun. Thomas fired twice, but not in succession. It was the second shot that struck Zekria.

A Zekria family spokesman said in a news release: “There were witnesses, a confession and a murder weapon. . . . What is Jim Tanizaki covering up and why?�

Witnesses, yes. But did they all agree on what happened?

Thomas certainly confessed. He was the one who called police. But was it a confession to murder or to shooting in self-defense?

California law says a shooting may be a justifiable homicide if the shooter believes that he or she is in danger of death or great bodily harm. Clearly, that’s the key issue: Did Thomas feel threatened enough that he was forced to fire his weapon?

Najee Ali, director of Project Islamic HOPE, said the Irvine police are “stunned� that Thomas was released from jail.

Well, the police are never happy when they arrest someone and charges aren’t filed. But Irvine Police Chief Charles S. Brobeck said Wednesday: “We never second-guess the D.A. We did our job, but he has a far different job.�

Not that these prosecutors shouldn’t be scrutinized for their decisions. The previous district attorney, Michael Capizzi, decided not to file charges last year against a trucker who shot and wounded two people after he saw them around his truck late at night. I thought it was a terrible decision.

And once all the facts are in on the Zekria shooting, I might disagree with Tanizaki, whichever way he decides.

But consider the district attorney’s office corrupt? Dist. Atty. Anthony J. Rackauckas has only been in office a few weeks. How corrupt can you be in that time? A cover-up? That’s the kind of language that stirs passions but can only interfere with the criminal justice process.

Jerry Hicks’ column appears Monday and Thursday. Readers may reach Hicks by calling (714) 564-1049 or by e-mail at [email protected]