Waitress who killed official spared jail

By Cai Ke (China Daily)
Updated: 2009-06-17 07:35

A waitress who fatally stabbed an official and injured another choked back tears as she walked free from a Hubei court after a guilty verdict with "diminished responsibility" Tuesday.

Waitress who killed official spared jail

Deng Yujiao (left) and her mother Zhang Shumei walk out of the Badong county people's court Tuesday. [Xinhua]

Deng Yujiao, 21, whose plight caught the attention of millions around the world, was found guilty of intentional assault at Xiongfeng Hotel in Yesanguan on May 10 but was not penalized because she is manic depressive.

Deng Guida, 44, director of the business promotion office in Yesanguan, died of injuries and his 41-year-old junior colleague, Huang Dezhi, was injured.

As her mother Zhang Shumei sat in the public gallery at Badong People's Court, Deng appeared calm and composed during the two-and-a-half hour trial, which was only open to select members of the public and press, including Xinhua.

After the verdict was handed down at 11 am, Deng sobbed from time to time as she told Xinhua she was surprised because she believed she would receive a harsh sentence.

Outside the court, Deng, dressed in a white T-shirt and black trousers, said she was grateful for the support she had received from the public, and netizens in particular.

She said she wanted to have her mental disorder treated, and then try to find a new job and live a peaceful life. She also hopes to learn a new skill.

Deng Yujiao (right) talks with reporters after the trial in the Badong county people's court Tuesday. [Xinhua]

The court ruled that Deng was exempt from punishment because she acted in self-defense although it was excessive, gave herself up to police and had limited legal responsibility.

Ma Kechang, an expert in criminal law at Wuhan University, said Deng Yujiao "should have been shown leniency" because her action satisfied three conditions set forth in the Criminal Law.

"First, her act was in self-defense, albeit with excessive use of force; second, Deng surrendered to the police; and third, Deng had limited capability to take on legal responsibility," Ma was quoted as saying by Xinhua.

Ma also said it is right to say that Deng used excessive force as using the knife led to the death of Deng Guida.

Waitress who killed official spared jail

During court proceedings, forensic experts from the Hubei people's hospital and the Wuhan psychiatric hospital said that "Deng Yujiao is mentally imbalanced, thus she has 'diminished responsibility'," Caijing magazine reported.

Deng's lawyers, Wang Shaopeng and Liu Gang, entered a plea of not guilty, and said that her defensive reaction was lawful and exempt from criminal punishment, the report said.

According to police, Deng Guida and Huang harassed Deng for sex in return for money on the night of the attack, and continued to insult her when she refused.

Deng Guida forced Deng down on to a couch and blocked her from leaving.

Deng attacked the officials with a fruit knife when they approached her threateningly again, thinking they wanted to rape her.

A person in the public gallery, who asked to remain anonymous, said Deng told the court she was not trying to stab Deng Guida, and only waved the knife to stop him coming toward her.

"The knife was shown to the judge as evidence, as well as a number of photos," the person said. "No witnesses, including Huang and Deng, were called."

Outside court, Deng's mother, Zhang Shumei, said she was happy with the verdict and held her daughter's hand as they left the building.

On Xinhuanet.com, a typical comment was that the verdict "fair". One said it "preserved legal sanctity and protected the disadvantaged".

Another netizen said: "the verdict should be seen as a precedent for similar crimes that do not receive wide publicity".

On the China Daily website, one reader posted: "Why was she even in court in the first place? They tried to rape her. It doesn't matter if she has mental health issues. Any woman would defend herself if she were threatened with rape."

The police investigation came under fierce criticism for contradictory statements and Deng attracted widespread sympathy from millions of people across the country. Her case also received international attention.

While being held in police custody on May 17, Deng was shown strapped to a hospital bed crying out "Dad, they beat me" in footage broadcast on Enshi TV.

Two Beijing lawyers said they would defend Deng free of charge after visiting her in detention on May 21. They told the press that she had been sexually assaulted but were accused by the Badong government of leaking details about the case.

Deng's mother sacked the lawyers and on May 23, hired two new solicitors who denied being appointed by the government.

The Badong procuratorial authority charged Deng with the lesser charge of "intentional assault" on June 5 after initially putting her on trial for stabbing to death Deng Guida and injuring Huang.