Thai Man Being Sought For Murder Of Mexican Man In U S A

[sriracha john]

Appeals court to rule on charges in disappearance

A state appeals court has agreed to hear oral arguments next month in the case of a man suspected of covering up the murder of an immigrant worker in a noodle factory.

Chansak "Buck" Plengsangtip had been charged with accessory to murder in connection with the 1996 disappearance of Luis Osvaldo Diego Garcia, but a judge dismissed the case last year for lack of evidence.

Prosecutors contend the judge's ruling was in error, and they are asking the California appellate court in Riverside to reinstate the charges. Arguments are set for 8:30 a.m. on Feb. 6.

Plengsangtip was one of two men charged in connection with the disappearance of Garcia, who was last seen alive on Nov. 23, 1996, at Rama Foods, the Ontario noodle factory where he worked.

Prosecutors say a former manager of the factory, Woravit Mektrakarn, likely killed Garcia, an immigrant from Veracruz, Mexico, over a pay dispute and then disposed of the body.

In 2003, police uncovered evidence suggesting Garcia, 24, was likely killed in an office at the factory.

Mektrakarn was charged with murder.

Plengsangtip, the factory manager and a friend of Mektrakarn's, was at the factory on the night of the disappearance, but told police he knew nothing about what happened to Garcia. Prosecutors charged him as an accessory to the murder under the theory that he is lying about what he knows and is helping the killer by keeping quiet.

San Bernardino County Superior Court Judge Barry Plotkin ruled in October 2005 that prosecutors had ample evidence to try Plengsangtip on the charge.

But another judge, Ingrid Uhler, overruled that decision three months later, saying Plengsangtip's mere denials of knowledge - even if untrue - don't make him an accessory to any crime.

Prosecutors are now asking the state appeals court to decide which judge is correct.

Mektrakarn remains at large.

Ontario police Detective Byron Lee, the lead investigator on the case, believes Mektrakarn fled to Thailand after Garcia's disappearance.

Lee has been working with U.S. and Thai government officials to extradite him to face the murder charge here.

A warrant has been issued for Mektrakarn's arrest in Thailand, and authorities there are pursuing him, Lee said Monday.

- San Bernardino County Sun (USA)

[mogoso]

[Prosecutors say a former manager of the factory, Woravit Mektrakarn, likely killed Garcia, an immigrant from Veracruz, Mexico, over a pay dispute and then disposed of the body.

In 2003, police uncovered evidence suggesting Garcia, 24, was likely killed in an office at the factory.

Mektrakarn was charged with murder.

Plengsangtip, the factory manager and a friend of Mektrakarn's, was at the factory on the night of the disappearance, but told police he knew nothing about what happened to Garcia. Prosecutors charged him as an accessory to the murder under the theory that he is lying about what he knows and is helping the killer by keeping quiet.

San Bernardino County Superior Court Judge Barry Plotkin ruled in October 2005 that prosecutors had ample evidence to try Plengsangtip on the charge.

But another judge, Ingrid Uhler, overruled that decision three months later, saying Plengsangtip's mere denials of knowledge - even if untrue - don't make him an accessory to any crime.

Prosecutors are now asking the state appeals court to decide which judge is correct.

Mektrakarn remains at large.

-----------------------------------------------------------------------------------------------

I gotta go with Judge Uhler on this ruling. Just because he was on the factory grounds during the time the crime was committted doesn't mean he had any knowledge of it. Afterall it is a factory, things are fairly noisy and people are moving things around. Plengsangtip could've been on the floor doing things, he was at work afterall.

Might be raspberries on the lead detective as the murder suspect is still at large, why not blame the friend as an accessory. Just a convient way to gain some kind of conviction on the case.

But then again theres the maybe.........catch Mektrakarn and possible the truth could come out.

Meanwhile if I'm Plensangtip and innocent I stay tuck away in a relatives home till the courts decide, it'll save him a lot of hassle.

[sriracha john]

Prosecutors say a former manager of the factory, Woravit Mektrakarn, likely killed Garcia, an immigrant from Veracruz, Mexico, over a pay dispute and then disposed of the body.

Thailand's AIS president Wichian Mektrakarn....

a relative?

[sriracha john]

UPDATE

Judge rules dismissal of accessory to murder charges was wrong

RIVERSIDE - A state appeals court ruled Monday that a Rancho Cucamonga judge was wrong when she dismissed charges against a man accused of trying to cover up the murder of a missing Ontario noodle-factory worker.

The decision means prosecutors can again press forward with accessory-to-murder charges against Chansak "Buck" Plengsangtip, who is suspected in connection with the 1996 disappearance of Luis Osvaldo Diego Garcia.

"This is huge," said Ontario police Detective Byron Lee, the lead investigator in Garcia's disappearance. "It really keeps momentum of the case going forward."

Garcia, an immigrant from Veracruz, Mexico, was last seen alive Nov. 23, 1996, at Rama Foods, the Ontario noodle factory where he worked.

Police believe the 24-year-old Ontario man was likely killed that day by his boss, Woravit Mektrakarn, over a pay dispute.

Detectives have evidence suggesting Plengsangtip, 55, was in the factory as well when Garcia met his end.

Prosecutors charged Mektrakarn with murder in 2003.

They charged Plengsangtip as an accessory because they believe he tried to cover for Mektrakarn by telling detectives he saw nothing unusual in the factory on the day Garcia disappeared.

During a hearing in West Valley Superior Court in January 2006, Plengsangtip's lawyers argued that even if Plengsangtip knew what happened to Garcia, his mere denials did not make him an accessory to murder.

Judge Ingrid Uhler agreed and dismissed the charge.

Prosecutors appealed.

After more than a year of litigation, a three-judge panel of the Fourth Appellate District unanimously sided with prosecutors Monday.

Deputy District Attorney Mark Vos, who handled the appeal, said the legal issue involved in Plengsangtip's case hinged on a fairly subtle interpretation of the law.

He said it is not generally illegal for someone who commits a crime to lie to police about his own involvement. Nor can someone be held as an accessory to a crime simply for failing to report it.

However, someone who forcefully lies to police to conceal another person's involvement in a crime can be prosecuted as an accessory, the prosecutor said.

Determining exactly where Plengsangtip's alleged lies fell along that scale was difficult to determine, the prosecutor said.

"The legal issue here was unusual," Vos said. "It was a close one. It's one of those things that has to be sorted out by an appellate court."

Plengsangtip's lawyer, David Lumb, did not return a call seeking comment Monday.

Vos said Plengsangtip will likely appeal Monday's ruling to the state Supreme Court, and it will be at least two months before Plengsangtip is back in the courtroom facing trial.

Mektrakarn, meanwhile, is believed to be living in Thailand.

Lee said he has obtained an arrest warrant for him through the Thai government, and the detective believes police in that country are actively looking for the fugitive.

When he is arrested he will be extradited to the United States to face the murder charge.

- Ontario Daily Bulletin (USA)

Edited March 20, 2007 by sriracha john

[sriracha john]

UPDATE

California Supreme Court rekindles case

Man accused of trying to cover up murder of worker

The California Supreme Court has refused to hear any further appeals from a man accused of trying to cover up the murder of a missing Ontario noodle factory worker. Chansak "Buck" Plengsangtip's case has been upheld, dismissed and then revived again as it has wound through the court system over the past 20 months.

This week's ruling appears to put an end to its travels.

Plengsangtip will now head back to West Valley Superior Court in Rancho Cucamonga, where he will be placed on track to stand trial in connection with the 1996 disappearance of Luis Osvaldo Diego Garcia.

"We are ready to proceed with this," said Ontario police Detective Byron Lee, lead investigator on the case. Plengsangtip's attorney, David Lumb, declined to comment.

Authorities believe Plengsangtip, 56, is one of two men who know what happened to Garcia, an immigrant from Veracruz, Mexico, who lived and worked in Ontario.

Garcia was last seen alive at Rama Foods in Ontario, where he toiled in a factory making rice noodles.

He vanished on Nov. 23, 1996, without a word to his family or friends. Although no body has been found, police say they have evidence to suggest a former manager at the factory, Woravit Mektrakarn, killed Garcia that day after the employee demanded compensation for unpaid overtime.

Police believe Plengsangtip was inside the factory when the killing occurred.

Prosecutors charged Mektrakarn with murder in 2003, but he has remained a fugitive.

Plengsangtip was charged as an accessory to murder under the theory that he knows what happened but has lied about it to authorities.

In October 2005, a San Bernardino County judge ruled that prosecutors had sufficient evidence for Plengsangtip to stand trial. But three months later, another county judge dismissed the case, saying the law did not allow Plengsangtip to face charges simply under the theory that he had lied to police.

The District Attorney's Office appealed to the state Court of Appeals, which reinstated the charges in March.

Plengsangtip's lawyers appealed that ruling to the state Supreme Court, which refused Wednesday to hear the case.

It was unclear Friday exactly when Plengsangtip will return to court in San Bernardino County.

Meanwhile, police believe Mektrakarn is still living in Thailand.

They have obtained an international arrest warrant and are waiting for Thai police to take him into custody, Lee said.

The Thai government has given no indication of when it might do so, Lee said.

Garcia's sister, who still lives in Mexico, has started a media and letter-writing campaign to the Thai government to pressure it to arrest Mektrakarn.

Garcia's story also ran in a four-part series on Mexican radio.

- Ontario Daily Bulletin (USA)

[CAD007]

http://current.com/items/88829008_fugitive..._kim_mektrakarn

Please look at these links for further information on this case.

Thank You.

[kat]

"Meanwhile, police believe Mektrakarn is still living in Thailand.

They have obtained an international arrest warrant and are waiting for Thai police to take him into custody, Lee said.

The Thai government has given no indication of when it might do so, Lee said.

Garcia's sister, who still lives in Mexico, has started a media and letter-writing campaign to the Thai government to pressure it to arrest Mektrakarn."

Extradite him, and make sure the pressure stays on the Thai government through the United States and media pressure. He probably thought this was a done deal since Thai employers can abuse and even kill Burmese migrants with impunity in Thailand. I'd love to see him stand trial, and flush out the other murderer.

In your media campaign, it would be brilliant if you guys could hook up with Burmese as a testament to how familiar this story is in Thailand. I really would like to see them pay for this crime in the United States.

[CAD007]

"Extradite him, and make sure the pressure stays on the Thai government through the United States and media pressure. He probably thought this was a done deal since Thai employers can abuse and even kill Burmese migrants with impunity in Thailand. I'd love to see him stand trial, and flush out the other murderer.

In your media campaign, it would be brilliant if you guys could hook up with Burmese as a testament to how familiar this story is in Thailand. I really would like to see them pay for this crime in the United States. "

We (US Law, and victim family) would appreciate any help you can give to get the word out and keep the pressure on. We seem to have come to a dead end through diplomatic channels, and have resorted to this grass roots approach for justice. As I see it, Justice is the same justice for all three of the countries involved in this case, as well as for the rest of the world.

We rely on those of you familiar with Thailand to get this video out to contacts, forums, websites, and media outlets. The video seems to be an effective vehicle to reach out. We are kind of going about this by instinct and hope, and trying the best we can. The Co-defendant, Chansak Plengsangtip (Lanna Trading) is scheduled to go on trial soon as an accessory to murder.

Thanks for all your efforts.

[kat]

I will PM you.

[sriracha john]

The murder victim, Mr. Garcia

The murder victim's information:

http://www.doenetwork.org/cases/3556dmca.html

[DIEGO6]

My brother was a excellent son, my parents always loved him. 11 years ago a man murdered him; I am doing all that I will would do for justice, the most important for us: find his remains.

Thank you for your messages. I really apreciated your words. We still fighting for justice.

[kat]

Diego, don't let side comments on this site get you down. You must continue. You have to be strategic about how you seek attention and justice for Luis. It is an important battle for many more people than just Luis. Because this happened in the United States rather than Thailand, Luis can become a symbol of justice for the way migrants are often severely harmed or murdered by Thai business owners. But first, you guys have to get this guy extradited. You need to work carefully within the system for that. I have sent a PM to *CAD007.

*edit

Edited January 31, 2008 by kat

[sriracha john]

My brother was a excellent son, my parents always loved him. 11 years ago a man murdered him; I am doing all that I will would do for justice, the most important for us: find his remains.

Thank you for your messages. I really appreciated your words. We still fighting for justice.

Welcome to Thaivisa, Diego.

It's always good to have family members involved in the discussions here.

I extend my condolences to you and your family. We all hope justice occurs and that the guilty party is found and brought to face his crime.

[mogoso]

UPDATE

California Supreme Court rekindles case

Man accused of trying to cover

Plengsangtip's lawyers appealed that ruling to the state Supreme Court, which refused Wednesday to hear the case.

Garcia's sister, who still lives in Mexico, has started a media and letter-writing campaign to the Thai government to pressure it to arrest Mektrakarn.

Garcia's story also ran in a four-part series on Mexican radio.

- Ontario Daily Bulletin (USA)

Its a good sister trying to get to the bottom of this. Alas were Mexican authoities so eager to pick up murderers of Mexican descent living in Mexico, but wanted in the US

[Heng]

Unfortunately for the family of the victim (if they can't afford it), the fastest way to have the local police suddenly locate and arrest the suspect would be a substantial reward. IMO it's rare for someone to stay hidden for long if there's a paying party looking for them, there's just too few degrees of separation in Thai society.

[DIEGO6]

I am Luis' sister.

My brother was killed 11 years ago. We want to find his killer and we want find his remains and come back to Mexico. We are very grateful with Ontario Police for his efforts and support. And all people that read this Forum thank you for you messages. We still in contact with you.

[yorkman]

My brother was a excellent son, my parents always loved him. 11 years ago a man murdered him; I am doing all that I will would do for justice, the most important for us: find his remains.

Thank you for your messages. I really apreciated your words. We still fighting for justice.

Ok but your video says "living" in Bangkok, but elsewhere that he fled to Bangkok, which is where he flew too.

That would narrow it down by about 80% or so if you are sure of that.

What I mean is, does he have strong family connections in Bangkok that leads you to believe he would be there?

Edited January 31, 2008 by yorkman

[kat]

Unfortunately for the family of the victim (if they can't afford it), the fastest way to have the local police suddenly locate and arrest the suspect would be a substantial reward. IMO it's rare for someone to stay hidden for long if there's a paying party looking for them, there's just too few degrees of separation in Thai society.

Yes, that is the way the system works in Thailand.

[CAD007]

Mektrakarn fled Ontario, California USA in 1996. He had a recent specific residence address in Bangkok. No evidence to indicate that he has left Thailand. Has strong family ties in Thailand.

Victim's family cannot afford a reward. Not much luck in generating a "reward". The victim, although deserving of justice, does not have the media sex appeal of other recent cases that were prominently covered. We have to rely on the conscious of the interested individual to help with what they can to get the word out.

Edited January 31, 2008 by CAD007

[kat]

Yes, I'm sure there are conscientious people who will want to help you do that, but that may or may not budge the Thai bureaucracy. At any rate, you will need all efforts and approaches.

[yorkman]

Has strong family ties in Thailand.

Yes, but can you tie this down to where specifically in Thailand? It is a country of 60M plus people. But they are very family orientated. The odds are that if he is in Thailand he will be close to his family.

As said before, the video said he is in Bangkok, perhaps a mistake if he only flew there.

Most communities here are like a small village, everybody knows everybody else just once or twice removed, even in the big towns. If you can add where he originates from in Thailand you will vastly increase your chance of tracking him down.

[kat]

Right, or vastly increase the chances of him fleeing again. I think definitive or strategic identifying information should be held in reserve, and not dished out so publicly. It is not meant as an insult, but it is only common sense.

[yorkman]

Right, or vastly increase the chances of him fleeing again. I think definitive or strategic identifying information should be held in reserve, and not dished out so publicly. It is not meant as an insult, but it is only common sense.

Of course Kat, but I was only trying to identify a strategic way forward and be helpful (and you are assuming this miscreant is a Thaivisa member? Or will surf after lots of years for his name on Google or whatever? He probably thinks he has got away with it after so many years)

This is, after all, a country with 60M inhabitants. If the family involved know his family roots, and contact the Thaivisa members who advertise where they live, then they have a far higher chance of locating him. Wrong?

If you think this is wrong, and I live in Udon Thani where everybody knows everybody else one time removed, then I fear you do have not lived long enough in Thailand.

Lets just get back to helping these people eh? As little as we can do personally.

[sriracha john]

Mektrakarn fled Ontario, California USA in 1996. He had a recent specific residence address in Bangkok. No evidence to indicate that he has left Thailand. Has strong family ties in Thailand.

Victim's family cannot afford a reward. Not much luck in generating a "reward". The victim, although deserving of justice, does not have the media sex appeal of other recent cases that were prominently covered. We have to rely on the conscious of the interested individual to help with what they can to get the word out.

Has anyone found a link to these matching last names?

Prosecutors say a former manager of the factory, Woravit Mektrakarn, likely killed Garcia, an immigrant from Veracruz, Mexico, over a pay dispute and then disposed of the body.

Thailand's AIS president Wichian Mektrakarn....

a relative?

[kat]

Right, or vastly increase the chances of him fleeing again. I think definitive or strategic identifying information should be held in reserve, and not dished out so publicly. It is not meant as an insult, but it is only common sense.

If you think this is wrong, and I live in Udon Thani where everybody knows everybody else one time removed, then I fear you do have not lived long enough in Thailand.

Lets just get back to helping these people eh? As little as we can do personally.

I am not commenting on the veracity of your statement, only that it would be better not to post too much too soon. It is just a cautionary measure, like not flashing your cards so that everyone can see them before you've played the best ones.

[yorkman]

It is a common last name. Thanks for adding your dubious humour on what must be a terrible experience for the relatives.

EDIT... not you Kat.. just the post above from SJ

Edited January 31, 2008 by yorkman

[kat]

I don't think he was being humorous, Yorkman, and I don't think John has ever made insensitive and dubious remarks to grieving families, unlike others.

[yorkman]

The comments about AIS President "a relative?"

I dont think this was funny either, despite the weak intentions, or perhaps it was post count thing, who knows? Some judge there worth by this.

Anyway, lets pass this by.

I still maintain that the relatives are best served by contacting the people who are local to his family. They state their location on here often. I am wrong? I stand to be corrected

[sriracha john]

It is a common last name. Thanks for adding your dubious humour on what must be a terrible experience for the relatives.

EDIT... not you Kat.. just the post above from SJ

It's an uncommon name in our area and the lack of other references (besides the 2 quoted above) during searches led me to question if there is a link.

No idea what your "dubious humor" comment is about... perhaps you meant Joseph several posts up.

Edited January 31, 2008 by sriracha john

[yorkman]

It is a common last name. Thanks for adding your dubious humour on what must be a terrible experience for the relatives.

EDIT... not you Kat.. just the post above from SJ

It's an uncommon name in our area and the lack of other references (besides the 2 quoted above) during searches led me to question if there is a link.

No idea what your "dubious humor" comment is about... perhaps you meant Joseph several posts up.

And you linked and decided to post because of a common surname? Are you a journalist? Seems so, or a wannabee.

Lets get back to the serious issue here, rather than the usual TV posts which try to take the high ground.

Can anybody help, on this forum, these peoples search for closure, and perhaps catch the culprit?

That is the issue, tell me I am wrong?