2 suspects in fatal shooting of Jasper Wu face murder charges with gang enhancements
OAKLAND -- Two men accused in the deadly rolling gun battle on an Oakland freeway that killed a toddler boy in 2021 are facing murder charges, the Alameda County District Attorney announced.
In court documents filed Tuesday, 24-year-old Ivory Bivens and 22-year-old Trevor Green were charged with murder and special gang enhancements for the fatal shooting of 23-month-old Jasper Wu.
Wu was in the back seat of a car with his family on I-880 in Oakland on November 6, 2021 when he was fatally shot by a stray bullet. Bivens and Green are accused of firing at another vehicle with an AR-15-style rifle during the gang-related gun battle.
According to the district attorney, evidence indicates Bivens and Green followed the car in which their target --Johnny Jackson -- was a passenger onto the highway. While firing at the vehicle Jackson was in, they shot and killed the toddler.
During a preliminary hearing last month, Alameda County Superior Court Judge Scott Patton ruled that Jackson was the victim of an ambush, though he has been charged with felony possession of a firearm. Patton upheld murder charges for Bivens and Green.
"We will continue to hold these men accountable for these serious charges that will likely land them behind bars for the rest of their lives," said Alameda County District Attorney Pamela Price said in the release.
The case has been a flashpoint of controversy, leading to protests both against District Attorney Price and in support of her. Earlier this year, she ordered her office to stop using gang and other enhancements to extend prison time unless staff got approval from a supervisor, which raised concerns over the charges the suspects in the Wu homicide would face.
The Alameda County District Attorney's office had decided not to seek the death penalty.
"It is a very straightforward decision. Exactly what I would expect from any prosecution office in the state," said former SF prosecutor Tony Brass. "Some counties prosecute under the death penalty and seek special circumstances, but that doesn't mean that they always do in every murder case, no matter how tragic."
Brass said the decision is exactly what he would expect from most California district attorneys. He noted that the gang enhancement will likely have a significant effect on how the case is prosecuted.
"The gang allegation in particular is also an evidentiary advantage," he said. The gang allegation allows a prosecutor to explain why this happened, what motivated this; what's going on in this gang that left us with this tragedy."
Price has faced criticism from those who say she has been too lenient. Her decision on the Wu case was highly anticipated. The family is now weighing those charges for themselves.
"So they are hoping, and making sure that there will be justice for the family," said Oakland community activist Carl Chan. "But in addition, they want to say thank you for those who have been really caring and still sending love to the family."
Chan said he will be meeting with the family again Wednesday night, with attorneys present, to talk more about what these charges might mean moving forward.
If convicted, Bivens faces 265 years to life in prison. while Green faces 175 years to life in prison. Jackson faces a three-year prison term.
Wilson Walker contributed to this story.
