Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

California prosecutors charge the wrong twin with murder

Duc Tong had been accused of murdering 22-year-old student Richard Phan

Heather Saul
Thursday 06 February 2014 14:42 GMT
Comments
Duc Tong, left, was initially charged with murder, until the case was dropped against him and brought against his twin brother, Anh Tong (right)
Duc Tong, left, was initially charged with murder, until the case was dropped against him and brought against his twin brother, Anh Tong (right) (San Jose Police Dept)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Prosecutors in Santa Clara County, California, charged the wrong twin brother with murder, a court has heard.

Duc Tong, 18 and from San Jose, was initially charged over the murder of university student Richard Phan, and was expected to enter a plea yesterday.

But at the hearing on Wednesday, Deputy District Attorney Dan Fehderau said he was dropping the murder case against Duc Tong and charging Anh Tong, his twin brother, with murder and an enhancement for allegedly using a knife.

Duc Tong has still not been cleared, however, and faces charges of acting as an accessory after a crime. He is being detained in lieu of $200,000, (£122,767) bail. Anh Tong is currently being held without bail, the San Francisco Chronicle reported.

San Jose police say the brothers are identical, but Fehderau asserts they are fraternal twins.

Phen, 22, was attending a birthday party in Suncrest Avenue when he was stabbed after trying to break up a fight that had broken out around 1am on 26 January. He died in hospital from his injuries.

The brothers had been invited to the party by a friend of the host, according to reports.

Fehderau declined to say what led to the change in charges.

Additional reporting by Associated Press

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in