By Khalida Sarwari
Two friends of a Vietnamese man accused of burning a homeless man to death while he slept testified in a San Jose courtroom this morning.
Susan Stewart was the first person to take the stand at the preliminary hearing for Quyen Nguyen, which will allow a judge to determine whether there is enough evidence for the case to proceed to trial.
Nguyen, a 42-year-old San Jose-area transient, has been charged with murder and arson in connection with the death of 39-year-old Phuong Giang in San Jose shortly after midnight on Dec. 20, 2009.
At that time both Giang and Nguyen were living in makeshift encampments in the area of Tully Road and Alvin Avenue. Prosecutors claim the men had an argument and that later that day Nguyen burned Giang to death using a combination of newspapers, cardboard, and vodka while he was sleeping.
A fire investigator determined Giang was lit on fire while he was lying on his side in a sleeping position, according to San Jose police. A forensic medical examination indicated Giang died of asphyxiation and had also suffered significant burning and smoke inhalation.
Stewart, who was also homeless at the time, said she saw Nguyen running away from the fire and that when she asked him later whether he had killed Giang, he had not denied it.
John Cahners, Nguyen’s attorney, repeatedly questioned Stewart about her drug use and criminal history.
“Part of it has to do with her memory…credibility is an issue,” he told Judge Edward Lee.
My Danh Huynh, a Vietnamese man who lived with Giang and Nguyen in the encampment, also testified.
“Quyen came to me and said he killed [Giang],” Huynh said through an interpreter.
He said Nguyen had appeared pale and remorseful.
“In the morning they were getting along quite well,” Huynh said. “I don’t know why in the evening he burned [Giang].”
Huynh said afterward he felt afraid of Nguyen and feared that if he told police, “he might burn me also.”
Police initially believed Giang was killed in an accidental fire but detectives determined his death was a homicide after speaking with three witnesses, one an eyewitness, who each identified Nguyen as either the person responsible for setting the fire or someone running from the fire.
Officers arrested Nguyen on Dec. 31, 2009.
The preliminary hearing will resume on March 7 with three more witness testimonies.