Two men were ordered Friday to stand trial for the murder of an accomplice in a shootout that erupted during a San Mateo home invasion robbery last year, prosecutors said.
The robbery happened on Sept. 4, 2013, when three suspects went to a home in the 1500 block of Lodi Avenue at about 11:30 p.m. and confronted four people inside the home, police and prosecutors said.
The suspects demanded the resident open his safe at gunpoint but the resident refused, pulled a gun and started shooting at the suspects, authorities said. The robbers returned fire and in the gunfight, two robbers and the resident were wounded.
The robbers dragged their accomplice, who was suffering multiple gunshot wounds, out of the residence to their SUV parked outside. They then went to a hospital, authorities said.
That accomplice, identified as 23-year-old Bryant Ma of San Jose, was pronounced dead there. Edwin Lee, 22, was treated for gunshot wounds and arrested. Police also arrested 23-year-old Bunn Vo at the hospital.
The resident injured in the gunfire was found at his home by police and treated for gunshot wounds not considered life-threatening.
Lee and Vo were charged with murder for Ma’s death under California’s provocative act doctrine, which allows defendants to be charged with murder if they create a situation that leads to a death, regardless if they are directly responsible.
They were also charged with burglary, robbery and kidnapping and Vo was charged with attempted murder, prosecutors said.
San Mateo County Superior Court Judge Mark Forcum on Friday afternoon ordered both to stand trial on all charges, prosecutors said. They are next scheduled to appear in court on Oct. 1 and remain in custody without bail.