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Suspects In Murder Of Novato Businessman Delay Pleas

Posted: 6:09 pm PDT June 16, 2009

Three Bay Area residents indicted in connection with the first-degree murder of a Novato man who witnessed an armed robbery at his San Francisco business delayed entering pleas in Marin County Superior Court Tuesday afternoon.

Larry Brian Blay Jr., 19, Sean Demetrius Washington, 23, both of San Francisco, and 34-year-old Anchulita Germaine Uribe of Antioch will be arraigned Friday afternoon.

Blay, Washington and three 17-year-old boys, who are being prosecuted as adults, are charged with killing 44-year-old Tong Van Le as he sat in his car in the garage of his home on Pizarro Avenue in Novato on Sept. 13.

Uribe was indicted for being an accessory after the fact by concealing and aiding the murder defendants from being arrested and prosecuted.

Le witnessed the armed robbery of his business, Nasser Market in San Francisco on Aug. 23. San Francisco police arrested Blay as a suspect but the San Francisco District Attorney's Office dropped the charges against Blay after Le, it's key witness, was murdered.

The indictment alleges Blay, Washington and the juveniles, Deandre Maurice Blay, Larry Blay's brother, C. Autis Johnson III and Kevin Abram committed murder under special circumstances of lying in wait and intentionally to prevent Le from testifying against Larry Blay.

Marin County District Attorney Ed Berberian said the five suspects indicted for the murder face life in prison without parole but the adults also may face the death penalty because of the special circumstances. A decision has not been made whether the death penalty will be sought, Berberian said.

Deandre Blay and Kevin Abram also are to appear in Marin County Superior Court Friday afternoon.

Johnson, who remains at large, walked away from an unidentified placement facility while the grand jury was in session, Berberian said. San Francisco police are searching for the teen. Novato police said there is a no bail warrant for his arrest.

Johnson frequents the Alemany housing projects in San Francisco and has relatives in Antioch, and he should be considered armed and dangerous, Novato police said.

The other two juveniles are being held in the San Francisco Youth Guidance Center and the adults are being held in the Marin County jail, all of them under no bail.

According to the indictment, Larry and Deandre Blay, Johnson and Abram agreed between Aug. 21 and Sept. 3 in the Alemany Project area of San Francisco that someone had to "knock dude (Le) down."

On Sept. 11, Larry Blay phoned Laneshia Robinson from the San Francisco County jail and gave her Deandre's phone number, the indictment states.

Larry Blay instructed Robinson to tell his brother "to handle that because I can't, listen you understand what I am saying when I say handle that right?

"I need that done, he can't come to court, tell him to handle that fast before my next court date," Blay instructs Robinson according to the indictment.

On Sept. 13 between 10:03 p.m. and 10:42 p.m., Washington, driving a 1991 Acura Legend with passengers Deandre Blay, Kevin Abram and Johnson, followed Le from the Nasser Market at 511 Crescent Ave. in San Francisco to 53 Pizarro Ave. in Novato to ambush and kill Le, the indictment states.

Between 10:40 and 10:42 p.m., Deandre Blay, Washington, Abraham and Johnson arrived at Le's residence and Le was shot in the head and killed, according to the indictment.

Berberian would not disclose which of the indicted defendants is alleged to have shot Le.

In addition to the murder with special circumstances count, the five defendants are charged with conspiracy to commit murder, conspiracy to prevent or dissuade a witness by force from testifying at a trial or legal proceeding and preventing or dissuading a witness by force from testifying at a trial, proceeding or inquiry by law.

The indictment identifies the defendants' nicknames but does not contain any allegations that the murder and conspiracy were in furtherance of a criminal street gang.

Novato Police Chief Joseph M. Kreins said this morning the grand jury hearing was a "complex and difficult investigation." Berberian said more than 40 witnesses testified.

Berberian and Kreins said Le's widow Phan Nguyen, returned to Vietnam after her husband's murder but has since moved back to the Bay Area. Le left a 7-year-old daughter and 6-year-old son.

Berberian said Le's widow is pleased arrests were made and an indictment was returned against the suspects.

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