Berkeley Prosecutors Cut Probation Deal for Scientist Who Tried to Kill Colleague

I have been a criminal defense attorney for my entire career, but there is a case out of Berkeley, California that is a real head scratcher. David Xu was the chief metallurgist for a company called Berkeley Engineering and Research (BEAR) and was caught on tape trying to poison a colleague. His actions are blamed for not only causing harm to Rong Yuan, but her parents. After spending only 10 days in jail, Alameda County prosecutors and a judge signed off on a probation deal in the case.

Xu was arrested back in 2019 after Yuan became suspicious that her illness (which she thought might be cancer) might be related to a water bottle that she used at work. When her parents used the bottle to cook, they also became ill. She set up a spy camera at work and caught David Xu tampering with the water bottle. It was tested and found to contain “extraordinarily high levels of cadmium, a poisonous heavy metal.”

That seems a pretty strong case for two counts of poisoning and an attempted murder prosecution.

Yet, the prosecutors dropped the attempted murder charge and accepted a plea on the two poisoning counts. Then a probation officer recommended no jail time. The officer wrote that

“The defendant is highly educated and living at home with his wife and children. He is employed and earning a stable income. Although this matter represents the first and only offense, it was serious in nature and could have resulted in death or serious illness of the victims…. It is the hopes of this deputy that the defendant will take advantage of this second chance and can satisfactorily complete this probation.”

Even on the two poisoning counts, one would expect some jail time. This man hurt three people and could have killed a colleague.

Yet, Alameda County DA Pamela Price signed off on letting Xu spend less than two weeks in jail for his crimes.

It is not clear what it takes to get actual jail time in Alameda County under Price. The San Francisco Chronicle was unable to get sentencing data from her office and Price is the subject of a recall campaign over her lax enforcement record.

119 thoughts on “Berkeley Prosecutors Cut Probation Deal for Scientist Who Tried to Kill Colleague”

  1. “I’ll tell you the funniest is that I’ll go backstage before a show and everyone’s getting dressed,” Trump told Howard Stern in recordings released Saturday by CNN. “No men are anywhere, and I’m allowed to go in, because I’m the owner of the pageant and therefore I’m inspecting it. … ‘Is everyone OK?’ You know, they’re standing there with no clothes. ‘Is everybody OK?’ And you see these incredible looking women, and so I sort of get away with things like that.” BUZZFEEDNEWS.COM

    Until a few minutes ago, I was unaware that Trump confessed to this, and that several teen beauties accused him of these specific acts of criminal debauchery. Don, you better apologize, convincingly, or you’re through, bukko. Shame on you. It’s time to find your replacement.

    1. “these specific acts of criminal debauchery” – looking at undressed women backstage at a beauty peagent? You people must really be desperate.

    2. “debauchery”

      As opposed to men pretending to be women in a women’s shower with real women. Or as opposed to drag shows for tots.

      The Left has an odd view of “debauchery.”

      1. Joe Biden v. Tara Reid

        “There was no exchange, really, he just had me up against the wall,” she said to podcast host Katie Halper in March 2020.

        “I remember it happened all at once… his hands were on me and underneath my clothes.” He then penetrated her with his fingers, she said.

        “I remember him saying, first, as he was doing it ‘Do you want to go somewhere else?’ and then him saying to me, when I pulled away… he said ‘Come on man, I heard you liked me,'” she said.

        “That phrase stayed with me.”

    3. JFK, Monster
      By Timothy Noah“I knew that John F. Kennedy was a compulsive, even pathological adulterer, given to taking outlandish risks after he entered the White House. I knew he treated women like whores. And I knew he had more than a few issues with his father about toughness and manliness and all that. But before I read in the newspaper that Mimi Alford’s just-released memoir, Once Upon A Secret: My Affair With President John F. Kennedy And Its Aftermath, described giving Dave Powers a blow job at JFK’s request and in his presence, I didn’t know that Kennedy had an appetite for subjecting those close to him to extreme humiliation.
      _____________________________________________________________________________________________________

      “Clinton pays Paula Jones $850,000”
      Associated Press

      “WASHINGTON (AP) – Paula Jones is awaiting the arrival of an $850,000 cheque from President Clinton, bringing an official end to the four-year saga spurred by her allegations of sexual harassment.”
      ______________________

      “FDR and His Women”
      “… she was deeply wounded to discover that Franklin had been having an affair with her secretary, Lucy Mercer.”
      ___________________________________________________________________________________________________________________________

      Bill Clinton as enabled by Hillary Clinton

      1. Eileen Wellstone (1969) Allegation: Sexual assault
      2. Anonymous female student at Yale University (1972) Allegation: Sexual assault
      3. Anonymous female student at the University of Arkansas (1974) Allegation: Sexual assault
      4. Anonymous female lawyer (1977) Allegation: Sexual assault
      5. Juanita Broaddrick (1978) Allegation: Rape
      6. Carolyn Moffet (1979) Allegation: Sexual assault
      7. Elizabeth Ward (1983) Allegation: Unclear
      8. Sally Perdue (1983) Allegation: Unclear
      9. Paula Jones (1991) Allegation: Sexual harassment
      10. Sandra Allen James (1991) Allegation: Sexual assault
      11. Christy Zercher (1992) Allegation: Sexual assault
      12. Kathleen Willey (1993) Allegation: Sexual assault
      ___________________________________________________________

      This part of Alford’s story doesn’t really add anything to what we already know about Kennedy. Nor does it really change my opinion of the 35th president. But this part does:

      Dave Powers was sitting poolside while the President and I swam lazy circles around each other, splashing playfully. Dave had removed his jacket and loosened his tie in the warm air of the pool, but he was otherwise fully clothed. He was sitting on a towel, with his pants leg rolled up, and his bare feet dangling in the water.

      The President swam over and whispered in my ear. “Mr. Powers looks a little tense,” he said. “Would you take care of it?”

      It was a dare, but I knew exactly what he meant. This was a challenge to give Dave Powers oral sex. I don’t think the President thought I’d do it, but I’m ashamed to say that I did. It was a pathetic, sordid, scene, and is very hard for me to think about today. Dave was jolly and obedient as I stood in the shallow end of the pool and performed my duties. The President silently watched.

      Afterwards, Alford says she was “deeply embarrassed,” and as she climbed out of the pool she “could hear Dave speak in as stern a tone as I ever heard him use with his boss. ‘You shouldn’t have made her do that,’ Dave said. ‘I know, I know,’ I heard the President say. Later, a chastened President Kennedy apologized to us both.” Alford believes that Kennedy showed “his darker side … when we were among men he knew. That’s when he felt a need to display his power over me.” Kennedy didn’t just have a thing for Social Register girls; he had a thing for humiliating Social Register girls. He also had a thing for humiliating his fellow Irishman, Dave Powers.

      – Mimi Alford

      1. JFK was a philanderer and a cad etc. There is zero doubt about that. He was also a competent President and a patriot.

        CIA or at the least a cabal of ex officers, at the behest of Dulles and Cord Meyer and LBJ, murdered him.

        People are a mixed bag. Clinton was definitely a rapist. But he managed his POTUS job without sinking the country into forms of radical foolishness like Obama did. And this old goat Biden is a disaster but it’s less because he is bad, than because he is weak.

        We need a strong hand to rectify the billionaires like Larry Fink and Soros who are destroying this country.
        It will never happen until the CIA and FBI are somehow reformed or brought under control on behalf of the people and not just the Ivy League and Wall Street “donor class” the same scoundresl bringing us migrant invasion, DEI, trans chaos, and forever wars

        Saloth Sar

  2. From the SF Chronicle April 10 article – “He may have to pay up to $10,000 in restitution.” https://www.sfchronicle.com/crime/article/berkeley-poisoning-xu-charges-19394221.php

    My immediate thought was”: I hope Rong Yuan has filed a civil case against David Xu. But is it too late? I don’t know when the clock would start ticking on this in California. Would it start at the time Yuan realized Xu was poisoning her or a the time of his conviction. Either way, she and her parents are entitle to way more than $10,000 in restitution.

  3. If he expects this comment process to retain any shred of legitimacy (and it’s really too late for that at this point), Turley desperately needs to eject his hired trolls who dominate the comment sections and upvote each other’s silly comments on a daily basis while attacking others with ad hominem nonsense and false accusations — like when they call someone a democrat if they disagree with Turley, as if disagreeing with a lifelong, diehard Chicago democrat like Turley who voted for Obama, Hillary, AND Fake President Joetard would indicate that the person disagreeing with him is a democrat.

    The collective IQ of 95% of the people in this comment section doesn’t add up to the shoe size of a Barnum & Bailey clown.

    1. Were you here, I would remove my red rubber nose and floppy shoes and kick you right in the keister! Then squirt you with the seltzer bottle!

  4. There was a time in this country when such a complete psychopath would have been taken to the woodshed and not a tear dropped. But now we have to agitate and bingo he walks away and virtually nothing for his attempted murder. Our system is sick and corrupted.

  5. Jonathan – the answer to “what it takes to get jail time there” is “whiteness”, and I am not being glib. I live and work there.

    1. Karen S,
      Well said.
      And they wonder why the people who actually live there are so against their leftist, woke policies.
      Case in point, Addiction Activists Say They’re ‘Reducing Harm’ in Philly. Locals Say They’re Causing It.
      “Addicts have turned a minority neighborhood into an open-air drug market. Residents blame the mostly white advocates for ‘destroying’ their community.”
      https://www.thefp.com/p/harm-reduction-kensington-causes-harm

      1. That’s so sad. San Francisco has gotten so bad that kids have to step over dirty needles on the sidewalk.

        It’s time for people to admit that legalizing drugs had catastrophic consequences.

    2. This left right thing is meaningless. Understand it was George Soros a billionaire who spent big donations to get fools like Chesa Boudin or Kim Fox in Chicago or several others elected as DAs who then went super easy on crime

      It is the fat billionaire governor of Illinois Jay Pritzker who helped bring the abolition of cash bail into law in Illinois which is a total disaster

      The billionaire class, the donor class, at least 96% of them, are all on the same page. That page is: let crime run wild so that normal people like Karen and the other commenters here, never unite against THEM. They control major figures in both parties. I voted for him and he talks a good game but I’m afraid at times when I consider what he did with the vaccine and forced closures, tempting to believe they controlled Trump to a degree as well

      We need to transcend “left” and right the are genuinely patriotic, and understand the plague that billionaires aka CAPITALISTS have brought down upon our country. And we need to organize like the Leninists did in many countries, against them, successfully,. and kick the fangs out of their deadly viper mouths before they kill us all.

      Saloth Sar

  6. O T – Here is a story of Biden corruption that the MSM will ignore. Mike McCormick, a former Obma stenographer, writes that he witnessed Biden negotiate a kick-back deal with Ukraine, whereby the US would send monetary aide for energy extraction and Burisma would hire Hunter Biden to do nothing. I quote the Brietbart article:
    “He said he personally witnessed Biden negotiate the Burisma kickback scheme — U.S. funding to Ukrainian energy, primarily Burisma, in exchange for putting Hunter Biden on Burisma’s board of directors — on a trip to Poland in 2014. He came to a lot of conclusions that other reporters haven’t figured out, due to his unique position and intensive study of this issue.
    Biden’s former national security aide, Jake Sullivan, is at the center of the scandal, according to McCormick, as Breitbart News recently reported. Sullivan, McCormick recalled, told reporters on April 21, 2014, on Air Force Two as an anonymous “senior administration official,” that the United States intended to help Ukraine’s natural gas industry.
    Townhall’s Alexander reported the book’s excerpts:
    McCormick said the “evidence of the crime” was right there in the briefing, “right when Sullivan declares that Joe’s U.S. taxpayer-supported energy assistance for all of Ukraine will be directed to ‘extract unconventional gas resources’ and support ‘energy efficiency.’” He pointed out how Sullivan cleverly altered the wording from “shale gas” to “unconventional gas resources” to disguise it. Burisma was only one of a handful of Ukrainian companies with a license for fracking at that time.”
    https://www.breitbart.com/politics/2024/04/11/former-obama-aide-joe-biden-should-be-prison/

  7. I wonder if David Xu was back in Wuhan, China getting marching orders from the bio weapons lab before the year 2019, when the China virus exploded.

    1. Fauci and his gang moved “gain of function research” from America to Wuhan.
      That is after Obama’s best executive order that banned this dangerous form of virological tampering with viruses.

      It was definitely a lab grown virus. But the experiments were fully well known to American Dr Frankensteins like Fauci.

      He literally covered up the truth in his tenure as a bogus fake leader.

      CIA knew it too. Rand Paul has the goods on them. Look it up.

      Don’t blame “SEE SEE PEE” for what our own creepy intel freaks might very well have unleashed on the world themselves.

      Saloth Sar

  8. Is there an investigative reporter to follow up on this story? Curious to know whether there ia / was a CCP connection or some other substantive reason for such an outcome.

  9. Do you think that Pamela Price affords the same leniency toward White Boys, or does she create a Coalition of Leniency for non-white criminals who will remember her and other Democrats, come election time?

  10. The World is FOOBAR/SNAFU to the MAX. It has always been this way and it always will be this way.

    The law is part of the World so the law is Foobar/Snafu to the MAX.

    The law attempts to govern human behaviour by words but words are imprecise, they have multiple meanings and when an individual uses a word he has a subset of meanings in mind and if another person reads his words but associates a different and non overlapping subset of meanings then complete communication failure. A law written at a certain time has certain meanings because the words used have those meanings but in a 100 years do the words have the same meanings and if they don’t can persons then know what the writers of the law actually meant. In some cases as for example religious texts is it even possible for religious scholars today to know what the ancient writers reallymeant. The word “virgin” in the phrase “the virgin Mary” for example. Today “virgin” means a celibate young woman but 2000 years ago it may have just meant a young woman but Xtianity has the myth a father in the form of a ghost with holes in it raping a virgin to produce his son who is in fact himself. Definitely FOOBAR SNAFU to the Max.

    In the Rumpole of the Baily stories the things the judges most fear is setting a precedent because they know how much damage that can cause. A precedent set applies in future cases. Let us say a new case comes up which is the first ever to involve principles A & B but these are incompatible and one must override and in that case it is obvious that A is more important. Sometime later another case arises where principles A and B are relevant but “common sense” logic of that particular case would say B should override, but it can’t because there is a precedent. Only by going to a higher level court can the precedent perhaps be overridden. I do not envy lawyers because they are constantly trying to balance conflicting principles, what is obvious to one is crazy to another.

    I join others in this comment thread in thinking this sentence is crazily lenient but it is completely consistent with the foundation principle of the world which is Foobar-Snafu to The Max.

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