NEWS

Yang sentence: Can there be justice?

Chris Mueller, and Keith Uhlig

USA TODAY NETWORK-Wisconsin

Hundreds of demonstrators rally May 31 at The 400 Block in downtown Wausau in a peace march inspired by the guilty verdict against 16-year-old Dylan Yang, who was convicted of homicide in March. Marchers walked past the Wausau Police Department, the Wausau School District’s administration building and the Marathon County Courthouse.

WAUSAU - The letter, handwritten in blue pen on a piece of notebook paper, describes a family in turmoil, suffering from a loss.

“I never ever get to see my brother ever again,” wrote 10-year-old Selena Perez, Isaiah Powell's youngest sister. "Dylan Yang's brothers and sisters get to see him."

Powell died after he was stabbed by Dylan Yang during a fight last year on a street in Wausau. Yang, 16, was convicted of first-degree reckless homicide after a March trial. He will be sentenced Oct. 19. Yang, who was 15 when the stabbing took place, faces up to 60 years in prison.

The letter from Perez is one a few hundred packed into the court file for the case and many contain recommendations for Marathon County Judge LaMont Jacobson, who will be responsible for sentencing Yang.

“I think Dylan deserves to be in prison for 60 years because if he gets out, he can walk the streets and Isaiah can’t ever walk on Earth ever again," Perez wrote.

Other writers ask for leniency from the judge because of Yang's age, while others argue Yang should be given an entirely new trial because he should not have been tried as an adult at all.

“I’m 14 years old right now,” wrote Kaoxue Vang, of Manitowoc. “I can’t imagine being 16 years old and being in prison for 60 years.”

The deep and conflicting emotions around the Yang sentencing reveal the complex realities roiling in a community striving for justice. It's likely no one will be happy after the sentencing. Isaiah Powell's friends and family still mourn his loss and believe that Yang needs to be accountable for his actions that day. But even Powell's mother, Shannon Perez, has said she does not believe that Yang deserves to serve 60 years in prison because he was, like her son, just a kid. Supporters of Yang say he is a casualty too, a victim of a biased judicial system that was stacked against him.

The sentencing won't be victorious for anyone, said Mary Thao, an activist and Hmong leader from Wausau.

"It's not going to be a good day," she said.

In late May, a few months after Yang was convicted, Thao participated in a peace march inspired by the case. Most who took part in the march were Hmong and asked for leniency for Yang. That march was followed days later by a separate march by Powell's family and friends, who chanted for justice while walking through downtown Wausau.

Tou Ger Bennett Xiong believes putting Yang in a prison cell at all would be unjust. Xiong is an activist for the Coalition for Community Relations, which is a group that focuses on issues concerning race and justice in Wisconsin and Minnesota. He believes Yang was treated unfairly by the justice system from the beginning of the case.

Xiong described the judge's decision to set bail for Yang at $1 million cash as "insane compared to other standards around the state." He compared the amount to another case involving a white man, Dan Popp, who was accused of shooting a Hmong couple and a Puerto Rican man in Milwaukee, whose bail was set at $150,000 cash. Xiong believes Yang deserves an entirely new trial, but hopes Yang is sentenced to "probation or something where he is allowed to join the community."

The incident was a tragedy, but the circumstances of Powell's death were complicated and Yang is not entirely to blame, Xiong said.

"I think there were systemic prejudices that came into play," Xiong said. "There were deep biases. That's why it was an unfair trial to begin with."

Maysee Yang Herr, a Hmong leader from Wausau who also participated in the peace march, isn't sure what justice would look like in the case, or what Yang's sentence should be.

"All I know is that a teenager committed a terrible act and giving this child an adult sentence would not be justice," Yang Herr said. "I'm hopeful that somehow there will be consideration for his age and level of maturity."

Yang Herr believes the bigger issue is a justice system that tends to suppress and invalidate groups of people based on race, or other factors like age, income or class.

The community needs to give everyone the chance to speak out and contribute, Yang Herr said.

"This is all much more complex than just race," she said. "There are layers of factors at work here."

Thao isn't confident any positive outcome will arise out of the sentencing. She also believes the system is rigged against Yang and his supporters, given the aftermath of the peace march. Marathon County Administrator Brad Karger was suspended by the county board after he participated in the march. Thao thinks the board's decision revealed underlying prejudices in the community, especially among elected officials. The views of Hmong residents who spoke up after Karger's suspension were not taken seriously, Thao said.

"What does justice mean? It means fairness and equal opportunity and access to the system. ... I have lost faith in some of our community leaders," Thao said. "We voiced concerns, and we believe they were disregarded."

Thao couldn't imagine deciding on a sentence for Yang.

"I am by far no expert in legal justice," she said. "But there really are no guidelines. It really comes down to making a guess."

The judge needs to be able to explain his reasoning, whatever he decides for Yang, Thao said.

"I would be really sad if (Yang) gets the maximum," Thao said. "Even if he gets 20 years, he would get out at 36. He would still have a life, right? But would it be acceptable to the Powell family? Would any number be acceptable?"

The real challenge will come after the sentencing, Thao said.

"It's going to be a time for healing, for a lot of prayers," she said. Thao plans to work to stop other similar tragedies from happening and plans to attend several Hmong New Year Celebrations, which will be held in the weeks after the sentencing.

Thao will urge parents to become more involved in their children's lives, both at home and at school.

"As parents, we can't be hands off anymore," she said.

Keith Uhlig: 715-845-0651 or keith.uhlig@gannettwisconsin.com; on Twitter @UhligK.

Chris Mueller: 715-345-2251 or christopher.mueller@gannettwisconsin.com; on Twitter@AtChrisMueller.

Letters to the judge

Here are excerpts from a few letters filed in Yang's case in Marathon County:

Josiah Powell, Isaiah Powell's cousin: “I kind of (feel) sad for Dylan because he has to sit in jail, but I wish I could have Isaiah back."

Hailie Fleischman, Isaiah Powell's cousin: “Isaiah was a (bright) kid with a big heart. Dylan may be a kid yet, but he deserves to stay and spend the time he needs.”

Traci Vue, of Clovis, California: “I have two small children and I would hope that if they are ever in the same situation as Dylan was, that they would not make the same decisions he made. However, I believe he did what he thought was right at the time.”

Myder Ly, of Pontiac, Michigan: “My son faces bullies every day at school. I know how easily my son could have been Dylan Yang... I ask that you give Dylan the fair trial that he and his family so deserve.”

Manee Vongphakdy, counselor at Wausau East High School: “From my direct interactions and observations of Dylan, I can say he was a respectful, polite, compliant and caring boy. He was also funny. I remember multiple occasions where he and I would laugh together... Teenagers are highly impulsive and just don’t think things through all the time. When they can sit down and talk it over with an adult, they can start to reflect and understand the consequences of their actions... If only we would have been made aware of what was happening. I know we would have stepped in to try to help them resolve this conflict."

Thor Vang, of Mankato, Minnesota: “I believe Dylan is still capable of being rehabilitated into a functioning legal adult. He is a young boy who still has a long life ahead of him.”

Peter Xiong, of Saint Paul, Minnesota: “Sentencing him to 60 years in prison is just not right. Dylan will miss opportunities, such as education or becoming a responsible citizen."

Kristi Goetsch, of Whitefish, Montana: "I don’t feel (Dylan Yang) was treated justly when it was decided to try him as an adult. His young life will be in ruins.”

Alexander Lucier, of Mankato, Minnesota: “I honestly and humbly believe that Dylan is a young boy who feared for his life, not knowing whether he or his friends and family were in danger."