Guilty Verdict In Killing Of Hmong Hunter
A guilty verdict provided little solace for the family of a Hmong hunter killed by a white former sawmill worker when they crossed paths while hunting squirrels in northern Wisconsin woods earlier this year.
Relatives of Cha Vang said they were angered and disappointed the all-white jury found 29-year-old James Nichols guilty of second-degree intentional homicide Friday instead of the first-degree charge he originally faced, reducing the possible penalty from life in prison to 60 years.
"In my native country, if you are guilty you are guilty. There is no first- or second-degree," said Yee Vang, the victim's older brother, through an interpreter.
Leaders of several Hmong groups expressed similar sentiments at the outcome of a case that has rekindled racial tensions in northern Wisconsin, where a Hmong deer hunter fatally shot six white hunters three years ago.
"The message sent to the Hmong community is that someone can shoot a Hmong hunter and not get the maximum sentence," said Tou Ger Xiong, spokesman for the Coalition for Community Relations in St. Paul, Minn. "What we found today was more division and broken bridges between our communities."
Vang, 30, of Green Bay, was born in Laos, fled to a refugee camp in Thailand and then immigrated to the U.S. with his family in 2004, his older brother Yee Vang said. Several hundred thousand Hmong fled Laos for the United States after the communists seized control in 1975. Many settled in Minnesota and Wisconsin.
Nichols, a former sawmill worker from Peshtigo, claimed he acted in self-defense when he shot and stabbed Cha Vang during a confrontation last Jan. 5 in the Peshtigo Wildlife Area.
But prosecutor Roy Korte said in closing arguments that Nichols took advantage of the isolation in the woods to act on an "ugly trait" of prejudice against the Hmong.
Nichols also was convicted on charges of hiding a corpse and being a felon in possession of a firearm.
Korte, an assistant attorney general for the state, hugged some of the victim's relatives immediately after the verdict. "Mr. Nichols is being held responsible for the murder of Cha Vang whether it's first- or second-degee intentional homicide," he said.
The victim's widow, Pang Vue, collapsed just outside the courtroom after the verdict and was carried away, moaning, by a sheriff's deputy. A family member said later that she fainted and was taken to a hospital but was expected to be OK.
Nichols appeared to fight back tears as he left the courtroom with his arms folded against his chest. "Mr. Nichols took the verdict very hard," defense lawyer Kent Hoffmann said. "We believe this was a case of self-defense."
Circuit Judge David Miron said a sentencing date would be set next week. He ordered Nichols taken to prison because he also faces five years for violating probation on a previous burglary charge.
During the four-day trial, prosecutors portrayed Nichols as prejudiced and a liar. They introduced two taped confessions and witness testimony to show how he had changed his story.
Nichols was arrested after he sought treatment at a hospital for gunshot wounds to both of his hands, about the same time Vang's hunting companions reported him missing. Nichols initially said an unknown gunman shot him miles from the wildlife area.
But he changed his story after a deputy asked why he did not call police, and he helped with the search for the body, leading investigators to the area where a search dog found it the next day, under a log and covered by leaves.
In his account, Nichols said he spotted Vang about 90 feet away while stalking a squirrel. He said Vang shot him in the hand with a .22-caliber rifle after he told Vang he was interfering with his hunt.
Nichols said he ducked behind a tree and took a "wild shot" at Vang with a shotgun. Vang then shot him again before Nichols rushed him, took away his gun and stabbed him twice in the neck with a pocketknife, he said.
But several witnesses disputed elements of his story; even a firearms expert called by the defense Friday said Vang appeared to have fired only once.
Nichols told investigators that he panicked after being shot, but Korte said recordings and witness accounts showed a different emotion.
"He never expresses any fear of Hmong, just anger, just hate," he said.