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Nick Muyo, Public Information Officer
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Amy Cornell, Public Information Officer
(408) 792-2997   For release on Tuesday, February 23, 2010     SANTA CLARA COUNTY DISTRICT ATTORNEY DISMISSES CHARGES IN PHUONG HO CASE   This afternoon, the Santa Clara County District Attorney’s Office dismissed misdemeanor charges of Brandishing a Deadly Weapon and Resisting, Delaying or Obstructing a Peace Officer against Phuong Quang Ho in Docket CC955274.   These charges arose from an altercation that occurred at a residence in San Jose on the evening of September 3, 2009 to which the police were called. The Santa Clara County District Attorney’s Office originally authorized the filing of these misdemeanor charges following a review of police reports. Almost two months later a cell phone video of a portion of the evening’s events surfaced.   This new evidence was examined and additional investigative efforts were undertaken to reassess the case. Efforts were made to enhance the recording, and to obtain further witness statements.
After a thorough and careful evaluation of the evidence, we have concluded that it is unlikely that twelve jurors would convict Mr. Ho of these offenses.   This office is continuing its investigation to determine whether to file charges against the police officers who arrested Mr. Ho. The decision to dismiss the prosecution against Mr. Ho stands independently of this investigation. As in every criminal case, any eventual charging decision will be based upon the applicable law and the available evidence as it applies to each potential defendant.   ###

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