One of the three men accused of killing 1-year-old Jasper Wu will not stand trial for the murder. An Alameda County judge ruled that there was insufficient evidence against defendant Johnny Jackson Jr.
Jackson, 28, will only face one charge, possession of a firearm.
According to prosecutors, Jackson was one of the four men involved in a gun battle between San Francisco gangs on an Oakland freeway on November 6, 2021.
While riding in his family’s car, young Jasper Wu was killed in the crossfire.
Former district attorney Nancy O’Malley charged Trevor Green, Ivory Bivins, and Johnny Jackson with murder and gang and street terrorism enhancements.
The fourth man, identified as Keison Lee, was killed in a separate shooting before investigators could arrest him.
According to Jackson’s defense attorney, Annie Beles, Jackson was discharged by Judge Scott Patton on Wednesday following a 13-day preliminary hearing.
“Mr. Jackson committed no act that caused the death of this child,” Beles told the press. “We are extremely pleased with Judge Patton’s thorough and complete ruling. Johnny Jackson was a victim of an unprovoked attack.”
Green, Bivins, Jackson, and Lee were members of two rival gangs, Chopper City and Eddy Rock.
Green and Bivins were driving an Infiniti when Jackson and Lee drove past in a Nissan.
Prosecutors said a shot fired from the Infiniti missed the Nissan and penetrated the Wu family’s car instead.
Jasper was shot in the head, sleeping inside his mother’s white Lexus sedan.
Beles said Jackson was a victim of an unprovoked freeway ambush.
“The Wu family has suffered an unspeakable loss. The depraved indifference shown by these suspects shocks us all and cannot be tolerated,” CHP Golden Gate Division Chief Ezery Beauchamp said at a 2022 news conference.
Santa Rita Jail inmate records show Green, Bivens, and Jackson remained locked up on Thursday without bail.
The trio of defendants will be back in court on June 8.