No murder charge for accessory

Whether prosecutors would pursue a murder charge against Adella hung in the balance as Li and Bayat’s trial unfolded, ultimately resulting in acquittal for Li and a hung jury in the case of Bayat. Prosecutors alleged Li, who had two children with Green before the couple split in 2015, and Bayat, Li’s then-boyfriend, grew increasingly frustrated with Green over a custody dispute and plotted to kill Green in April of 2016, enlisting Adella to dispose of his body. Li and Bayat’s defense attorneys claimed their clients had nothing to do with crime and directed the blame for Green’s death to Adella, who they said killed Green in a botched kidnapping attempt.

District Attorney Steve Wagstaffe said prosecutors carefully reviewed all the available evidence on Adella’s case — including any evidence Li and Bayat’s defense attorneys presented during their trial — and came to the conclusion the evidence was not sufficient to proceed with murder charges against Adella. Wagstaffe said prosecutors analyzed the evidence from a variety of angles, such as whether Adella and Bayat could be tried together or on their own, and ultimately agreed the evidence was not sufficient to prove a murder charge beyond a reasonable doubt for Adella.

“What we know does not establish that for me,” he said. “This evidence does not meet the standard for me or for what I believe a jury would find sufficient.”

Wagstaffe said prosecutors are in the midst of reviewing all evidence related to Bayat’s case in preparation for a decision on whether to retry him for Green’s murder, which he estimates will be made in time for a Dec. 19 hearing. At a Wednesday hearing, prosecutors asked for more time to reach a retrial decision in Bayat’s case. After a 48-day jury trial ending Nov. 15, jurors found Li not guilty of murder but could not come to a unanimous verdict on felony murder and conspiracy charges filed against Bayat, voting 6-6 and 7-5 on Bayat’s two charges.

On Thursday, Adella’s sentencing hearing was set for Jan. 10, and he is expected to remain in custody on no bail status until then. Because the maximum sentence for the accessory charge Adella pleaded to is three years in state prison and those sentences can be reduced for good behavior, Wagstaffe expected Adella will have served his sentence when he next appears in court.

Adella’s defense attorney Dek Ketchum noted his client’s sentencing next month will mark the conclusion of his case.

“That is the right result,” he said. “He wasn’t involved in the murder of Mr. Green and he took responsibility for what he did.”

anna@smdailyjournal.com

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