Dung Trinh

Case record: Dung Trinh

Background

Dung Trinh went on a shooting rampage at West Anaheim Medical Center on September 15, 1999 after his mother died. His mother, Mot Trinh, died from diabetes complications in a different hospital; Dung Trinh held West Anaheim Medical Center responsible for her death.

Trinh believed hospital workers mistreated his mother because of his appearance and because they looked at him and “dismissed her as the parent of a gang victim.” Anaheim Police Sgt. Joe Vargas said: “We do know that he believed that something they had done caused his mother's death.”

Huong Nguyen, an office manager for a doctor who had treated Trinh for kidney failure, said Trinh suspected that his tattooed appearance caused some hospital staff to mistreat his 72-year-old mother when she received hip surgery. Nguyen said Trinh told her he believed the hospital had not treated his mother well. Nguyen said: “The hospital, they looked, and he looked like a gangster.” Nguyen added: “They didn’t like it, so [Trinh] came back to see Dr. Nguyen. He said the hospital didn’t treat her good.”

Nguyen admitted that Trinh’s appearance had initially scared her. She said: “The first time he came into the office I was scared, too. I saw some tattoos on his hand and neck.” Over the next two years, Nguyen said Trinh was quiet and well-mannered and helped one patient move into a new house. Nguyen said: “He was very nice.” Nguyen also said that about a year before the shooting Trinh quit his job as a chef to care for his mother, and she said: “Whatever his mom wanted, he tried to do.”

Anaheim Police Department statements indicated Trinh was not a member of any gang and did not associate with criminal elements. Nguyen said: “The hospital, they looked, and he looked like a gangster.”

Police said there was no evidence suggesting that Mot Trinh was mistreated at the hospital either in June or this month. West Anaheim spokeswoman Debra Culver declined to discuss the elder Trinh’s case for confidentiality reasons, and said the hospital prided itself on an exemplary level of care. Culver said: “We believe we deliver excellent care here.” Culver added: “We have a very high level of patient satisfaction here. Nothing like this has ever happened.”

Vargas said the slayings were unusual and that most crimes involving Anaheim’s 31,000 Asian Americans were related to gangs or home invasions. Vargas cited an example of a drive-by shooting in Garden Grove last month in which five Asian Americans died after suspected gang members sprayed an auto shop with gunfire. Vargas said: “so far, no arrests have been made.”

Nguyen agreed the crime was unusual, but said she often heard complaints from Vietnamese American patients about care at area hospitals. She said dissatisfaction over language barriers and other impediments had gotten higher in recent years, and Nguyen said: “The first time I heard complaints, I thought that the patient demanded too much.” Nguyen added: “But now 50 to 60 percent of [our] patents complain. That means there’s something wrong with the hospital. They think [nurses] didn’t treat them good because they’re Vietnamese and not American. They don’t speak English.” Nguyen said complaints were often directed at hospitals in Garden Grove and Santa Ana rather than West Anaheim Medical Center.

Donna Almand, a hospital spokesperson, said that at Garden Grove Hospital and Medical Center, 30 percent of the hospital staff spoke Korean or Vietnamese and that ethnic liaisons were provided for non-English speakers. Almand said the hospital also had 130 Vietnamese American doctors out of a total of 600 and served ethnic food for elderly patients who had trouble eating American food. At West Anaheim, translation problems were primarily resolved by bilingual services over the phone.

The offence

On September 14, 1999, paramedics rushed Trinh’s mother back to Anaheim Memorial West Hospital, where she died of a heart attack.

Later that same morning, Trinh, armed with two .38 revolvers and 50 rounds of ammunition, went to the nurses station and shot:

• Marlene Mustaffa, 60
• Vincent Rosetti, 51
• Ronald Robertson, 51

The shootings occurred as Trinh was closing the lobby door to try to keep the gunman out. The description of victims included that Mustaffa was on duty while Trinh’s mother was in the hospital, and the other two had no known connection to her.

Before Robertson was shot, Robertson tackled Trinh and held him long enough for hospital security to arrive, according to Vargas. Vargas said: “Had not Robertson tackeld and detained the suspect, there would have been added victims.” Vargas also said: “This is the most serious case we’ve had regarding a hospital,” and that it showed “that the Vietnamese community is not immune from spontaneous violence. It can be anybody any place.”

Investigation

Anaheim Police Sgt. Joe Vargas said Trinh believed something had caused his mother’s death.

Anaheim Police said Trinh believed his mother had been mistreated because of his looks, and they said there was no evidence that Mot Trinh had been mistreated at the hospital either in June or this month.

Trial

Trial (conviction)

Dung Trinh was convicted by a jury on three counts of first-degree murder and one count of attempted murder. The jury convicted him after three hours of deliberations. Another account stated that the jury voted 10 to 2 in favor of life in prison without parole in a first penalty phase.

The sentencing proceedings included jurors deadlocking on whether Trinh should be sentenced to death or life in prison without the possibility of parole.

Trinh blamed the hospital for his mother’s death and took the stand to plead with the jury to impose the death sentence. He addressed the jury. Trinh said: “ I dare all of you to send me to death,” and “I deserve it. I not only deserve it, I need it. I want it.”

Juror Dorothy Hoffstatter of Huntington Beach said some on the panel were not swayed by Trinh’s comments. Hoffstatter said: “We were not there to please him,” and “I did not think he deserved the death penalty”

Defense counsel told jurors Trinh believed West Anaheim Medical Center hastened his mother’s death by failing to provide a Vietnamese translator. Deputy Public Defender Sharon Petrosino told jurors that because Trinh was distraught over his mother’s death he did not act out of evil intent and therefore did not deserve the death penalty. Petrosino said: “Because he was distraught over his mother’s death Trinh did not act out of evil intent and therefore did not deserve the death penalty.”

Prosecutor Bruce Moore told jurors Trinh acted in cold blood and chose his targets deliberately and fired. The account stated: “Prosecutor Bruce Moore told jurors, however, that Trinh acted in cold blood, choosing his targets deliberately and firing.”

Sentencing

An Orange County jury deadlocked on whether a man convicted of killing three people in a hospital shooting rampage should be executed. One juror said that after three days of deliberations, 10 members supported a sentence of life in prison without parole for Dung D. Trinh, while two backed a death sentence. The account described Trinh as 46 at that time and said he had been convicted last month.

A judge later sentenced Trinh to death. Superior Court Judge John Ryan sentenced a former Vietnamese refugee to death. The sentencing followed a jury's recommendation that Trinh be sentenced to death. Two previous juries had deadlocked on whether Trinh, 47, should be sentenced to death or life in prison without the possibility of parole.

The later account stated a third panel deliberated less than four hours before voting in favor of a death sentence for Dung D. Trinh. That account said a panel of eight women and four men voted for death. It also stated that the court clerk read the vote aloud while victims’ relatives gasped, sobbed, and hugged. It said one family member lifted both arms to the sky and shrieked with joy, and it included a statement from Suzanne Robertson, who sat through all three trials. Suzanne Robertson said: “I didn't expect a decision this fast, but I'm glad it's over,” and “Our family has been through pure hell.”

At one point, Trinh turned to one of his lawyers and asked when the judge would impose his death sentence.

The sentencing judge had the option of reducing the sentence to life without parole when Trinh returned to court April 14. The account stated that in California, death sentences were automatically appealed to the state Supreme Court.

Orange County Dist. Atty. Tony Rackauckas said he agreed with the jury's decision and that he was confident the latest verdict would be upheld by higher courts. Rackauckas said: “I don't think the prior two penalty phases will make a difference,” and “I do expect it to hold up on appeal. There's no question whatsoever that the defendant got a fair trial.” The account said jurors were swayed by the depravity of the crimes and were not particularly moved by the defense argument that Trinh, a longtime caregiver for his bedridden mother, was distraught over his mother’s death, which he blamed on the hospital.

Earlier, two days after the shooting, Orange County Dist. Atty. Tony Rackauckas announced that he planned to seek the death penalty against Trinh, “as he would against anyone who goes on a killing rampage.”

Appeals

Outcome

Dung Trinh was sentenced to death on March 19, 2003.

Other details

The account contained a statement by Anaheim Police Sgt. Joe Vargas: “This is the most serious case we’ve had regarding a hospital,” and that it showed “that the Vietnamese community is not immune from spontaneous violence. It can be anybody any place.”

The account also stated that Trinh repeatedly told jurors and the media that he deserved to die, and it described his outburst as an attempt to provoke the jury into sending him to death row, after which a week later he received the death sentence.

The sentencing reporting described Ronald Robertson as a maintenance director and gave ages of the victims in different places: Ronald Robertson as 50 in one account and 51 in another account; Vincent Rosetti as 50 in one account and 51 in another account. Marlene Mustaffa was described as 60 in the account.