Alleged karaoke killer could face indictment

The number of delays left the District Attorney's Office antsy to move forward and it may ask a grand jury to indict Lu on murder charges to speed matters up, said prosecutor Al Giannini.

An indictment lets a criminal grand jury rather than a judge decide if sufficient evidence exists to try Lu. Prosecutors tend to supersede the standard procedure when hearings drag on too long, when defendants refuse to enter a plea or to keep certain information from the public. Federal prosecutors and other counties, such as San Francisco, tend to use the indictment process more often than San Mateo County. In recent history, local prosecutors indicted defendants in a baby death and in the capital murder case of accused cop killer Marvin Patrick Sullivan.

In Lu's case, an indictment would push up a judicial process than has dragged on for roughly 14 months.

Lu is charged with murder with the special enhancements of inflicting great bodily injury, use of a gun in the commission of a murder and personal use of a gun.

Lu himself took five court appearances before even entering a plea because his defense attorney continually asked for more time. He took nearly as long to set the first preliminary hearing date.

Lu allegedly fired a gun at Wei Cheng Ma, of Daly City, outside the Aqua Sound KTV Karaoke club at 273 S. Railroad Ave. Ma was shot in the head execution-style in the early morning after an argument ensued between two groups of people who were in separate guest rooms at the club.

The fight spilled onto the street outside the club just before the shooting. Ma, 30, was pronounced dead at the scene and Lu was arrested July 16 in San Francisco. The club has since closed.

The shooting was the first serious crime at the karaoke club since new owners took it over. Prior to the change, police often investigated incidents there. The shooting created a buzz not only because of its violent nature but because it came just as the city of San Mateo passed a controversial ordinance mandating no locks and requiring windows on private rooms.

Lu remains in custody without bail. He returns to court Oct. 14 for a preliminary hearing unless prosecutors move to indict.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.