Crime

Errors alleged in interrogation of Modesto man accused of killing boss

china
In this July 22, 2005 file photo - Ming Chan, owner of China Gourmet Restaurant at Century Center Plaza in Modesto. Chan, 47, of Modesto was killed sometime after 9 p.m. May 4 at his restaurant. Modesto police said Chan and Zhi Jian Mei, a three-year employee, were involved in an argument that escalated to the attack. Authorities believe Mei used a meat cleaver to bludgeon Chan to death while robbing him, according to a criminal complaint filed May 9. (The Modesto Bee)

A Cantonese language interpreter on Monday testified that about 75 percent of a defendant’s answers were translated correctly as police detectives questioned him about a Modesto restaurant owner’s death.

Zhi Jian Mei, 33, is charged with murder and robbery in the death of Wing Ming Chan, 47, of Modesto. Chan’s death occurred sometime after 9 p.m. on May 4, 2011, at his restaurant, China Gourmet, in Century Center at Oakdale Road and Orangeburg Avenue.

The defendant is accused of bludgeoning his boss with a meat cleaver after an argument escalated inside the restaurant.

Connie Chen, a certified Cantonese interpreter, was hired by the defense to review a video recording of Mei made during a four-hour police interrogation not long after Chan’s body was discovered. She also reviewed a police transcript of the interrogation as she watched the video.

Modesto police Detectives Jim Munoz and Ra Pouv questioned Mei with the help of FBI agent Kenneth Tam, who was brought in to translate. The Police Department at the time did not have a Cantonese interpreter available.

Chen, who works as an interpreter in state and federal courts, testified that she found multiple errors in Tam’s translation. She said Tam at times incorrectly used terminology or failed to accurately translate questions. She listened to Tam’s voice as he translated the questions from the detectives in English to Cantonese.

“It sounded like he was struggling for the proper terms,” Chen said.

One question from the detectives was, “Where did he hit you with the knife?” Chen testified that Tam translated that question to, “Did you the knife cut you?” She said Tam’s question didn’t make any sense.

Mei has said that his boss cut him with a small knife on the shoulder during the struggle. He also has said that he and Chan fought over the meat cleaver.

At one point during the interrogation, Mei told the detectives that he was losing “consciousness” during the violent confrontation with Chan. Tam translated Mei’s answer to the defendant as saying he was losing his “memory” during the struggle.

Another incorrect translation was when Tam misused “sharp” for “pointy,” according to Chen.

Tam also was at times translating Mei’s answers in the third person, which Chen says, because of the use of pronouns like “he” and “him,” could be confusing, particularly when describing a confrontation between two people. She told jurors that translating should always be done in the first person, so the person can be heard exactly as he or she is speaking.

Tam has said Mei understood about 95 percent of what he translated. During cross-examination, Chen said Tam accurately translated Mei’s description of what led up to the argument between him and his boss, the confrontation escalating to a shoving match and the defendant grabbing the meat cleaver.

Mei told police he waited until after the restaurant had closed to tell his boss he was quitting. He said Chan became angry that he was leaving for another job. After the shoving match ensued, Mei told police he went into the kitchen, where he grabbed the meat cleaver as Chan stood at the kitchen doorway.

Chen testified that Tam accurately translated Mei telling the detectives, “I raised my hand with the knife.” She also said Tam’s translation was correct when Mei said, “I was scared, and then I beat him until he died.”

The detectives then asked Mei when he stopped beating Chan. Mei answered, “More like I hit him until I was exhausted, and then I couldn’t hit him anymore.” Chen testified that translation from Tam also was accurate.

Mei, in English, told the detectives that he owed Chan $800. The defendant also said he owed another employee at the restaurant $1,500.

Chen testified that there were times when Tam took over questioning of Mei, even though he was asked only to translate and not participate in the investigation. Tam also would elaborate with some of the detectives’ questions. Chen said Munoz at one point stepped in to regain control of the questioning.

Testimony is expected to continue Wednesday in Stanislaus Superior Court.

Rosalio Ahumada: 209-578-2394, @ModBeeCourts

This story was originally published March 14, 2016 at 4:33 PM with the headline "Errors alleged in interrogation of Modesto man accused of killing boss."

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