Max sentence for murderer

The Millbrae man ruled sane when he pumped 11 bullets into a friend’s head after a night of heavy drinking and leaving the body for days in a a parked car while he fled was sentenced yesterday to 57 years to life in prison.

The defense for Teyseer "Terry” Zaid Najdawi, 28, first argued his client deserved a new trial because he had been temporarily allowed to represent himself despite prior competency issues. Judge Mark Forcum disagreed and imposed a sentence for first-degree murder with the use of a gun, second-degree attempted murder and assault in the death of Jack Chu. Najdawi was also convicted of attempting to murder his jail cellmate while awaiting trial in the earlier shooting.

"That sentence was our recommendation and we feel it was appropriate,” said prosecutor Al Giannini.

Defense attorney Jonathan McDougall did not return a request for comment.

At the sentencing hearing, Chu’s cousin spoke very emotionally on behalf of the family’s "terrible loss” and "gratitude” for Najdawi’s conviction, Giannini said.

Jurors deliberated just a day in January before convicting Najdawi. He also had pleaded not guilty by reason of insanity but, following the conviction, McDougall opted not to launch a separate sanity trial and allowed Forcum to rule based on doctors’ reports.

McDougall took a similar tack during the guilt trial, calling no witnesses and presenting no evidence. Instead, McDougall told jurors the prosecution had not met its burden of proof in seeking first-degree murder because there was no way to know if Najdawi premeditated and deliberated Chu’s July 8, 2008 death before pulling the trigger.

Why exactly Najdawi killed Chu and attempted to kill cellmate John Lynch is unknown.

Chu, 27, and Najdawi drank heavily on July 7 leading into July 8 at two San Francisco bars where Najdawi paid the tab with his brother’s stolen credit card. Chu’s blood alcohol level after death was pinpointed at .21 and Najdawi, the defense conceded, was far more intoxicated. A friend testified Najdawi had a firearm with him that he often carried and talked about shooting another acquaintance.

A building surveillance video shown to jurors captured a drunken Najdawi stumbling down a street after a night of drinking with Chu and less than 20 minutes before the pair drove to Millbrae where the shooting occurred. The footage showed Najdawi waving a Glock at passing cars.

Once the pair left San Francisco, they drove in Chu’s car to Lincoln Circle in Millbrae where shots were fired and Najdawi moved the vehicle to the intersection of Chula Vista and Sanchez avenues in Burlingame. Najdawi headed to his mother’s nearby home where he changed his bloody clothes and then fled to Redding where he ditched the Glock and was apprehended at a motel a week later. Chu’s body went undiscovered for two days, as passersby mistook the slumped man for somebody sleeping or passed out. Police never recovered the gun used in the shooting but matched casings to two test casings found in the weapon’s box that still bore the serial number.

After his arrest, Najdawi choked Lynch until pulled off by guards. In May 2009, he was found mentally incompetent for trial but later returned from a state hospital. He initially asked to represent himself and was allowed but changed his mind after approximately three weeks.

During that time, the legal standard of how much competency a defendant needed for self-representation changed which formed the basis of McDougall’s motion for new trial, Giannini said.

Michelle Durand can be reached by email: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.