Attorney says woman will plead not guilty in killing of son-in-law at California park
National Legal News
The attorney for a Northern California woman who was charged along with her husband in the killing of their son-in-law said Thursday that she plans to plead not guilty and focus her defense on the abuse allegedly perpetrated by the victim.
Shili Chen and her husband Shouyong Zhang, both 77, appeared in court briefly to ask the judge for more time before entering formal pleas. They were both charged Wednesday with murder after authorities say they both shot their son-in-law, Jonathan McKinsey, to death Saturday in a public park. The killing came days before he and the couple's daughter were set for a hearing in a bitter divorce and custody case.
Curtis Briggs, a court-appointed attorney assigned Thursday to Chen's defense, said the court documents he has reviewed raised concerns that McKinsey was rageful and could not control his temper.
"Court documents show Mr. McKinsey was extremely violent and dangerous to his family," he said.
Jennie Otis, a public defender representing Zhang, asked the judge on Thursday that he be medically evaluated, though she did not say for what. Otis declined to comment.
Both required Mandarin interpreters in the courtroom.
McKinsey, a 40-year-old gaming engineer for The New York Times, was killed in the parking lot of a sports complex in Dublin, a city east of San Francisco. A police sergeant was driving nearby and saw him on the ground as witnesses began calling 911 and pointing out the couple in their vehicle, who were still near the scene, Dublin Police Services said in a news release.
Police detained the couple as they were driving away in the parking lot and found a gun in Chen's possession. Prosecutors said Zhang admitted to shooting McKinsey during a later interview, and another firearm was found in the car that he admitted to using during the crime. Prosecutors also said surveillance video was recovered showing both Chen and Zhang shooting the victim.
Court records show McKinsey's killing came during a contentious divorce with his wife, Candice Jang, and a custody battle over the couple's three young children. In petitions for restraining orders filed last year, the couple accused each other of physical, emotional and psychological abuse going back more than a decade. McKinsey, who is transgender, alleged that both Jang and her parents were verbally and physically abusive regarding a gender transition he underwent years ago.
McKinsey was arrested last October and charged with misdemeanor child abuse for allegedly hitting their oldest son. Police said he acknowledged having slapped the child. Prosecutors also charged him with endangering their youngest child after deputies responded to the family's home to talk with him and found their 2-year-old had been left home alone, according to court documents.
McKinsey pleaded not guilty to the charges and alleged in court records that he had been set up by his wife, who had left the house without telling him the child was sleeping in a crib upstairs. He was released from jail on the condition that he complete 12 parenting classes. At the time of his killing, McKinsey was out on bail and had been trying to enter a mental health diversion program.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.
