DA will seek death penalty at Half Moon Bay mass shooting trial
Zhao, 68, of Half Moon Bay, appeared in court on Tuesday and learned that his upcoming trial will be a capital murder case. Prosecutors' announcement marks the first time in recent history that a district attorney in the San Francisco Bay Area sought the death penalty.
San Mateo County's longtime District Attorney, Steve Wagstaffe, assigned Assistant District Attorney Josh Stauffer as lead prosecutor for Zhao's capital murder trial.
Zhao is accused of going on a killing spree at two farms on January 23, 2023. Seven farmworkers were ambushed by Zhao and shot to death in Half Moon Bay, according to prosecutors. A manhunt ended when Zhao turned himself in at a sheriff's office substation where news reporters were gathering for a press conference.
A grand jury indicted Zhao on seven counts of murder and one count of attempted murder last year.
He will return to a Redwood City courtroom on August 6, when a judge will be assigned for presiding over his capital murder trial. Attorneys are also expected to set a date for when the trial will begin. Once jury selection begins, prospective jurors will be asked about their feelings on the death penalty.
Leading up to the shooting, Zhao and his wife lived in a tiny shack at California Terra Gardens farm. Investigators said Zhao felt like he was bullied on the mushroom farm and he was 'angry at several co-workers over perceived mistreatment.'
He slept with a loaded Glock 17 semi-automatic handgun under his pillow for two years, court documents show. Zhao turned violent after a 'bully' demanded that he pay $100, according to a lawsuit filed on behalf of the shooting's lone survivor, 25-year-old Pedro Felix Romero Perez.
The lawsuit states, 'On the day of the shooting, one of those bullies accused Zhao of being responsible for damage to a forklift after a minor collision between the forklift and a bulldozer. The bully told Zhao that Zhao would have to pay $100 for repairs.'
What we know about the Half Moon Bay mass shooting victims
The suit continues, 'First, Zhao killed the bully in front of a supervisor. Then he killed the supervisor. Zhao then proceeded to the worker encampment at the farm to seek vengeance upon other people against whom he held longstanding personal grudges. After arriving at the worker encampment, Zhao entered the trailer Pedro shared with his brother. Jose was asleep and defenseless.'
Like Zhao, the brothers also lived at California Terra Gardens. Pedro Perez survived despite being shot five times, including once in the face.
The gunman killed four people at California Terra Gardens before he left, drove to Concord Farms, and killed three more victims, investigators said.
Farmworkers Yetao Bing, 43, Jose Romero Perez, 38, Marciano Martinez Jimenez, 50, Qizhong Cheng, 66, Jingzhi Lu, 64, Zhishen Liu, 73, and Aixiang Zhang, 74, were slain before the gunman fled from the farms.
Several news reporters had gathered at a San Mateo County Sheriff's Office substation when Zhao suddenly showed up, parked his SUV near the news conference, and was spotted by an eagle-eyed deputy. Deputies ordered Zhao out of his vehicle at gunpoint and took him into custody.
The accused mass shooter has remained locked in jail ever since his arrest.
Zhao's defense attorneys are Jonathan McDougall and Eric Hove. McDougall's law firm states that he has 'an aggressive, trial oriented approach, and fights tenaciously for his clients.'
The death penalty is still a legal punishment in California, however, the state has not executed anyone since 2006. Governor Gavin Newsom signed an executive order in 2019 placing a moratorium on all executions. At the time, the governor said, 'I will not oversee the execution of any individual.' Newsom also closed an execution chamber at San Quentin State Prison that had never been used.
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