Official-killing waitress may avoid prison

By Cai Ke (China Daily)
Updated: 2009-06-09 08:23

A waitress who allegedly killed an official and injured another while claiming self-defense from rape has reportedly been charged with "intentional assault" and will have her case heard before a local court, a sign she may avoid going to jail.

"The case will begin at the end of June," Liu Gang, one of Deng Yujiao's two new lawyers, told China Daily Monday, without disclosing the exact charge.

However, Caijing magazine reported over the weekend that Deng had been formally charged with "intentional assault" by the Badong procuratorate.

Cases where serious penalties could be handed down are generally dealt with by a city's intermediate court. The fact a local court in Badong county, Hubei province is handling the case signals she may avoid heavy punishment.

"Given the circumstances, I think it is likely that Deng will be given a suspended sentence," said Zhou Ze, a lawyer and professor with China Youth College for Political Science in Beijing.

When a person is given a suspended jail sentence, they are allowed to remain outside prison for a certain period of time. If during that time they commit no crime, the rest of their jail sentence is waived.

The case has prompted waves of online support for Deng, especially after police initially said they were investigating the case as a "murder".

A statement last month from the Enshi public security bureau said police believe Deng, 21, used "excessive force" when she allegedly killed Deng Guida and injured Huang Dezhi after she refused to join them in a bath on May 10. The two men, township officials of Badong, under the administration of Enshi, pushed, shoved and verbally insulted her.

Deng then took a knife and stabbed the two men, which was "excessive force", the statement said.

The maximum sentence for "intentional assault" and "murder" is the death penalty. But because "intentional assault" is a much lighter charge, and Deng turned herself in after the stabbing, legal experts said it's very possible that Deng would face a sentence of less than 10 years.