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Draft:The case of Nguyen Hai Duong

Coordinates: 11°28′20.3″N 106°36′53.5″E / 11.472306°N 106.614861°E / 11.472306; 106.614861
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The Nguyễn Hải Dương case (or 2015 Bình Phước massacre) is a criminal case involving the crimes of murder and theft that took place in the early hours of July 7, 2015, in Minh Hưng, Chơn Thành District, Bình Phước Province. The mastermind was Nguyễn Hải Dương, with co-conspirators Vũ Văn Tiến and Trần Đình Thoại, who planned to kill six members of the family of Dương's ex-girlfriend, driven by motives of "emotional hatred" and a desire to acquire property.

Nguyễn Hải Dương Case
CourtPeople's Court of Bình Phước Province
Full case name Nguyễn Hải Dương, Vũ Văn Tiến, Trần Đình Thoại convicted of murder, robbery
DecidedNovember 18 2016
CitationsJudgment 45/2015/HS-ST, People's Court of Bình Phước Province
Case history
Subsequent historyAppeal at High People's Court in Ho Chi Minh City: upheld the original judgment.
Holding
Convicted of murder, robbery, sentenced to death for Nguyễn Hải Dương and Vũ Văn Tiến, and 16 years in prison for Trần Đình Thoại.
Court membership
Chief judgeNguyễn Hữu Trí
Associate judgesHoàng Minh Thịnh

Nguyễn Hải Dương was the mastermind who devised the plan at the age of 24 and initially recruited Trần Đình Thoại—who provided some of the weapons for the first attempt, which failed due to planning errors. Dương then shifted to recruit Vũ Văn Tiến as a co-conspirator and directly executed the steps to deceive the victims to gain access to the scene, subdue them for theft, and kill each person individually. Afterward, he fled and engaged in other actions to avoid suspicion. The case had been received attention from law enforcement, which directed to the investigation and apprehended the main suspect within 80 hours,[1] resulting in a death penalty and prison sentences for each of the offenders.

Case details

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Case context
MapMap
Location of the crime
LocationMinh Hưng, Chơn Thành, Bình Phước
Coordinates11°28′20.3″N 106°36′53.5″E / 11.472306°N 106.614861°E / 11.472306; 106.614861
DateJuly 7, 2015; 9 years ago (2015-07-07)
c.1:00 (UTC+7)
Attack type
Murder
Robbery
Deaths6
VictimsLê Văn Mỹ
Nguyễn Lê Thị Ánh Nga
Lê Thị Ánh Linh
Lê Quốc Anh
Dư Ngọc Tố Như
Dư Minh Vỹ
PerpetratorsNguyễn Hải Dương
Vũ Văn Tiến
Trần Đình Thoại
AssailantsNguyễn Hải Dương
Vũ Văn Tiến
No. of participants
3
MotiveEmotional conflict
Asset appropriation

Background

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Nguyễn Hải Dương was born in 1991 in An Giang,[a] graduated from high school in 2010, then left his hometown to move to Hóc Môn, Ho Chi Minh City to pursue vocational training at Bình Dương Industrial College, dropping out a year later to work as a wood processing worker at a local company. In October 2013, Lê Thị Ánh Linh (born in 1993 in Bình Phước) came to study in Thủ Dầu Một city, where she met Dương through social media platform Zalo,[2] leading to a romantic relationship. In April 2014, Dương was introduced to Linh's family in Minh Hưng commune, Chơn Thành district, Bình Phước province,[b] a family that owns a wood business, living in a villa and relatively well-off, and both were given parental approval to date.[3] During this time, Dương became acquainted with and frequently interacted with Linh's family. By 2015, Linh's mother began to disapprove of their relationship, prompting Linh to follow her mother's wishes, meet someone else, and break up with Dương. At this point, Dương harbored resentment towards Linh and her mother, developing the intention to kill Linh's entire family for revenge and to steal their property.[4]

Developments

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To carry out his plan, Nguyễn Hải Dương prepared tools including a BB gun, a taser, a switchblade, gloves, zip ties, a three-section staff, and a pepper spray, storing all the tools at a relative's lodging in Hóc Môn and waiting for the right moment.[5] Although he had broken up with Linh, Dương maintained a relationship with Linh's cousin, Dư Minh Vỹ, planning to use Vỹ to serve his criminal plan. Additionally, Dương bought a burner SIM for a mobile phone to avoid being tracked by authorities. On July 3, 2015, Dương rode a Yamaha Exciter motorcycle to Linh's house, met Vỹ as previously arranged, gave him money, and instructed Vỹ on how to open the villa door for Dương without Linh's parents knowing, and scheduled another meeting, to which Vỹ agreed.[6] The next day, Dương invited an acquaintance, Trần Đình Thoại[c] to Linh's house to execute the plan. Thoại agreed, and the two discussed the preparation of crime tools and the plan to commit the crime. Late that night, the two went to the villa, but since Vỹ did not come out to open the door, they could not carry out the act as planned. They decided to return the next day to continue their attempt. On the way back, Thoại suggested to Dương that he would buy additional Thai knives for the next day, and Dương agreed.[7] On the evening of July 5, Thoại bought a knife and gave it to Dương, but later said his grandmother was ill and he could not go with Dương. On July 6, Dương invited another friend, Vũ Văn Tiến[d] to join him, lying to Tiến that they were going to collect a debt from Linh's parents and promised Tiến a large sum of money. Tiến agreed, and Dương discussed and revealed the entire criminal plan, the tools, and means prepared.[8] At around 1 AM on July 7, Dương and Tiến entered the area around Linh's house. When Vỹ came out to open the door, Dương and Tiến subdued him by choking and covering his mouth until he lost consciousness. Dương then stabbed Vỹ multiple times, causing his death. Next, the two climbed over the back wall into the house, subdued and tied up Linh, her parents, and her two siblings, except for the youngest, Gia Linh, who was 22 months old.[9] Dương demanded money in the house and opened the safe but found nothing. Tiến then strangled each person with a rope, while Dương used both a switchblade and a Thai knife to stab through the heart, and slash the throat, killing five people. He did not kill but comforted Gia Linh to sleep when she cried.[e] During the murder, the two rummaged through and took phones and an iPad worth nearly 50 million VND before fleeing, leaving other valuables like an Audi, a Toyota, and a cargo vehicle in the garage untouched. [11] After committing the crime, Tiến fled to Hóc Môn, while Dương stayed in Chơn Thành, returning to the scene multiple times and always appearing sorrowful, crying in front of the victims' family members to avoid suspicion.[12]

Investigation

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On the morning of July 7, 2015, a household worker arrived at the family's home as usual and discovered the deaths of six people. Only 22-month-old Gia Linh survived with minor injuries and reported the incident to the local police. Upon receiving the report, the police and the procuracy dispatched criminal investigators and other units to secure the scene, conduct examinations, collect evidence, and hold a press conference to announce the case in the afternoon.[13] On the same day, Minister of Public Security Trần Đại Quang personally arrived at the scene to direct the investigation. On July 8, the autopsy process was completed, and the police handed over the victims' bodies to their families for burial. At the same time, they decided to prosecute the case for murder and robbery, coordinating the investigation in the criminal proceedings between the procuracy, criminal investigation police, and the special task force of the Ministry of Public Security.[14] The special task force was led by Senior Lieutenant General Lê Quý Vương as the head of the directing committee, and Lieutenant General Phan Văn Vĩnh as the head of the task force, in collaboration with the leadership of Binh Phuoc Provincial Police, the General Department of Police, and the General Department of Security.[15] On July 10, the investigation team identified fingerprints, bloodstains, clues, and details that led to the suspect, Duong. They tracked and arrested Duong while he was hiding in Binh Phuoc.[16] Initially, Duong was defiant, presenting many alibis and declaring his silence until a defense lawyer was present. However, after the investigation agency presented clear evidence, Duong confessed, revealing that Tien was an accomplice but said nothing about Thoai. The reconnaissance team ambushed and arrested Tien while he was hiding in Hoc Mon on the same day.[17] During the detention and prosecution of the suspect, the investigation agency reviewed the entire case and discovered messages on the victim Vy's phone from Thoai's phone when Duong used it. They immediately ambushed and arrested Thoai on August 10.[18][19]Subsequently, the investigation agency conducted a crime scene reenactment,[f] then announced the indictment of the case, deciding to prosecute Nguyen Hai Duong, Vu Van Tien, and Tran Dinh Thoai for murder and robbery.[16]

Trial

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First Instance

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On December 17, 2015, the Binh Phuoc Provincial People's Court held a mobile first-instance trial in Chon Thanh District,[21] presided over by Chief Judge Nguyễn Hữu Trí, with Chief Prosecutor Lê Đức Xuân acting as the public prosecutor.[22]

Court's Assessment

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...[the defendants] directly violated the lives and property of the victims, which are specially protected by criminal law because human life is inviolable, and no one has the right to unlawfully deprive it. However, with a thuggish, aggressive attitude, disregarding moral principles, the defendants intentionally took the victims' lives in a cruel manner and seized their property, killing six people in one family at once, causing irreparable pain and loss to the victims' relatives, and stirring public outrage and indignation, seriously affecting local security and order. Therefore, a punishment commensurate with the defendants' criminal acts is necessary to punish, deter, and prevent crime.

Binh Phuoc Court, case assessment.[23]

At the trial, regarding the case's content, the trial panel assessed based on the verified case file, the defendants' testimonies, witnesses' statements, physical evidence, crime scene examination records, autopsy results, forensic examination conclusions, public questioning, and concluded that the actions of Nguyen Hai Duong, Vu Van Tien, and Tran Dinh Thoai constituted murder,[24] and robbery.[25] The trial panel found that the defendants were all adults with full legal capacity and criminal responsibility. Due to being hindered in a romantic relationship, Nguyen Hai Duong prepared weapons and invited Thoai and Tien to commit murder and robbery. The defendants took the lives of six people in one family, including two children, using ropes to tie hands and strangle, blindfolding with cloth, using electric shock devices, and stabbing the victims' hearts and slashing their throats in a barbaric manner. Therefore, they committed murder with aggravating circumstances such as killing multiple people,[26] killing children,[27] killing to commit another crime,[28] committing the crime in a barbaric manner,[29] and having a thuggish nature,[30] with Duong having a despicable motive[31] according to the 1999 Criminal Code.

Regarding Nguyen Hai Duong, the court found that he was both the organizer, mastermind, and executor, preparing the tools and means to commit the crime, planning; persuading and discussing with Thoai and Tien to commit the crime; luring and exploiting the victim Vy to enter the house, directly committing the crime, determined to commit the crime to the end despite Tien's repeated attempts to stop him.[32] Regarding Vu Van Tien, the court found that Tien participated as an executor when invited by Duong to rob and agreed to the murder plan, actively participating. During the crime, although Tien tried to stop Duong, when Duong said "it's too late", Tien continued to follow Duong's instructions, restraining the victims for Duong to kill them. The court found that the consequences caused by Duong and Tien were too severe, showing high malice, with no possibility of re-education or rehabilitation, requiring the highest punishment to permanently remove them from society.[33]

Regarding Tran Dinh Thoai, the court found that Thoai participated in the case as an accomplice[34] by providing material assistance, supplying tools and means for Duong to commit the crime. When invited and discussed about the plan, he agreed immediately and once went with Duong to the victim's house to carry out the plan, but it failed due to unforeseen circumstances. Although Thoai refused to accompany Duong on the next attempt, he continued to assist Duong by providing weapons, and therefore, he must share the consequences.[33]

Decision

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Based on the assessments, the trial panel concluded the charges, penalties, and combined sentences[35][36] and sentenced Nguyen Hai Duong and Vu Van Tien to death,[37] while Tran Dinh Thoai received 13 years in prison for murder and three years for robbery, with a total combined sentence of 16 years in prison.[38]

Appeal and Execution

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After the first-instance trial, the defendants appealed,[39] and the appeal trial took place on July 18, 2016, at 124 Nam Ky Khoi Nghia, Ben Nghe Ward, District 1, at the headquarters of the High People's Court in Ho Chi Minh City. The appellate court rejected all appeals and upheld the first-instance verdict.[40] On the morning of November 17, 2017, Nguyen Hai Duong was transferred from Binh Phuoc prison to Binh Duong province and executed by lethal injection,[41] similarly for Vu Van Tien on September 20, 2018.[42]

References

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Notes

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  1. ^ Đức Mừng; Phú Lữ (July 13, 2015). "Hành trình hơn 80h phá vụ thảm án". Công an nhân dân (báo). Archived from the original on March 15, 2022. Retrieved March 15, 2015.
  2. ^ Ngọc Lê (April 6, 2016). "Meeting the mastermind of the "Bình Phước massacre" Nguyễn Hải Dương in prison". Thanh Niên. Archived from the original on March 14, 2022. Retrieved March 14, 2022.
  3. ^ "The killer was the victim's ex-boyfriend". Công An Nhân Dân. July 11, 2015. Archived from the original on March 14, 2022. Retrieved March 14, 2022.
  4. ^ Đỗ Trường; Trương Nguyễn (October 10, 2015). "Bình Phước Massacre: For love, brutally killing with knives". Thanh Niên. Archived from the original on March 15, 2022. Retrieved March 14, 2022.
  5. ^ Bá Sơn; Bùi Liêm (November 4, 2015). "Press conference announcing the indictment of the Bình Phước massacre case". Tuổi Trẻ Newspaper. Archived from the original on March 14, 2022. Retrieved March 14, 2022.
  6. ^ Đàm Đệ (August 11, 2015). "Reconstructing the scene of the Bình Phước massacre of 6 people". VietNamNet. Archived from the original on June 9, 2018. Retrieved March 14, 2022.
  7. ^ "The third suspect bought knives for Nguyễn Hải Dương to kill 6 people". VnExpress. October 10, 2015. Archived from the original on March 15, 2022. Retrieved March 15, 2022.
  8. ^ Phước Tuấn (November 4, 2015). "Bình Phước clarifies the issues of the case of killing 6 people in the villa". VnExpress. Archived from the original on March 15, 2022. Retrieved March 14, 2022.
  9. ^ Đức Minh (July 12, 2015). "Bình Phước massacre: The brutal crime journey of Nguyễn Hải Dương". VOV. Archived from the original on October 19, 2021. Retrieved March 14, 2022.
  10. ^ L.Phong (July 12, 2015). "Rumor that baby Na is suspect Dương's daughter dismissed". Người lao động. Archived from the original on October 4, 2023. Retrieved October 4, 2023.
  11. ^ Bá Sơn; Bùi Liêm; Xuân An (December 4, 2015). ""Decoding" the questions about the Bình Phước massacre". Tuổi Trẻ Newspaper. Archived from the original on March 14, 2022. Retrieved March 14, 2022.
  12. ^ Nguyễn Đức (July 11, 2015). "Bình Phước massacre: Ánh Linh cried and begged her ex-boyfriend". PLO. Archived from the original on July 19, 2016. Retrieved March 15, 2022.
  13. ^ Nguyen Quoc Han; Vo Thi Kim Anh (February 15, 2017). "Lessons learned from the case of Nguyen Hai Duong and accomplices committing "murder" and "robbery"". Kiem Sat. Archived from the original on March 15, 2022. Retrieved March 14, 2022.
  14. ^ Kim Anh (July 14, 2015). "Diary of nearly 80 hours of hunting Nguyen Hai Duong and Vu Van Tien". VOV. Archived from the original on August 25, 2015. Retrieved March 14, 2022.
  15. ^ "Massacre in Binh Phuoc: What do key leaders involved in the special case reveal?". VTC. July 12, 2015. Archived from the original on March 15, 2022. Retrieved March 15, 2022.
  16. ^ a b B. Huong (December 17, 2015). "Overview of the developments in the Binh Phuoc massacre". VTC. Archived from the original on February 27, 2021. Retrieved March 14, 2022.
  17. ^ Ba Son; Xuan An (August 11, 2015). "What happened to the third suspect involved in the Binh Phuoc massacre?". Tuoi Tre. Archived from the original on March 14, 2022. Retrieved March 14, 2022.
  18. ^ Ngoc Le (August 13, 2015). "Massacre in Binh Phuoc: Why was Tran Dinh Thoai prosecuted for 'murder and robbery' despite not committing the crime?". Thanh Nien. Retrieved March 15, 2022.
  19. ^ Hoang Hai (August 18, 2015). "Suspect in Binh Phuoc massacre explains why he did not report Duong and Tien". Nguoi Lao Dong. Archived from the original on March 15, 2022. Retrieved March 15, 2022.
  20. ^ Criminal Procedure Code 2015, Clause 1, Article 204.
  21. ^ "Death sentence for 2 defendants in Binh Phuoc massacre". Dân trí. December 17, 2015. Archived from the original on August 14, 2016. Retrieved March 15, 2022.
  22. ^ Loan Bao (December 13, 2015). "Binh Phuoc major case: Trial of Nguyen Hai Duong and accomplices on December 17". Phap luat Plus. Archived from the original on March 15, 2022. Retrieved March 15, 2022.
  23. ^ Judgment 45/2015/HS-ST 2015, p. 3.
  24. ^ Criminal Code 1999, Article 93: Murder.
  25. ^ Criminal Code 1999, Article 133: Robbery.
  26. ^ Criminal Code 1999, Point a, Clause 1, Article 93.
  27. ^ Criminal Code 1999, Point c, Clause 1, Article 93.
  28. ^ Criminal Code 1999, Point g, Clause 1, Article 93.
  29. ^ Criminal Code 1999, Point i, Clause 1, Article 93.
  30. ^ Criminal Code 1999, Point n, Clause 1, Article 93.
  31. ^ Criminal Code 1999, Point q, Clause 1, Article 93.
  32. ^ Judgment 45/2015/HS-ST 2015, p. 4.
  33. ^ a b Judgment 45/2015/HS-ST 2015, p. 5.
  34. ^ Criminal Code 1999, Article 20: Accomplice.
  35. ^ Criminal Code 1999, Article 50: Sentencing in cases of multiple crimes.
  36. ^ Criminal Code 1999, Article 53: Sentencing in cases of accomplices.
  37. ^ Criminal Code 1999, Article 35: Death penalty.
  38. ^ Judgment 45/2015/HS-ST 2015, p. 7.
  39. ^ L. Phong; P. Dung (July 18, 2016). "Appeal of the Binh Phuoc massacre case: "The death penalty is very severe, the defendant is afraid of death"". Nguoi Lao Dong. Archived from the original on August 23, 2017. Retrieved March 15, 2022.
  40. ^ Thanh Tung (June 24, 2016). "On July 18, the appeal trial of Nguyen Hai Duong and accomplices in Ho Chi Minh City". Cong An Nhan Dan. Archived from the original on October 5, 2018. Retrieved March 15, 2022.
  41. ^ Minh Thuy; Duc Tien (November 17, 2017). "Execution of death row inmate Nguyen Hai Duong, the perpetrator of the Binh Phuoc massacre". Cong An Nhan Dan. Archived from the original on March 15, 2022. Retrieved March 15, 2022.
  42. ^ Phuoc Tuan (September 20, 2018). "Binh Phuoc executes death row inmate Vu Van Tien". VnExpress. Archived from the original on March 15, 2022. Retrieved March 15, 2022.
  1. ^ Nguyễn Hải Dương (February 1, 1991 – November 17, 2017) was born in Long Hạ hamlet, Kiến An commune, Chợ Mới district, An Giang; residing at group 2, hamlet 1, Nhị Bình commune, Hóc Môn district, Ho Chi Minh City at the time of the incident.
  2. ^ Lê Thị Ánh Linh's family consists of seven members: father Lê Văn Mỹ (1967), mother Lê Thị Ánh Nga (1973), younger brother Lê Quốc Anh (2000), younger sister Lê Thị Gia Linh (2013), and two cousins Dư Ngọc Tố Như (1997), Dư Minh Vỹ (2001).
  3. ^ Trần Đình Thoại (born May 23, 1988) in Tường Hưng hamlet, Thới Hòa commune, Tra On District, Vinh Long Province; residing on Phạm Văn Đồng Street, Ward 3, Gò Vấp District, Ho Chi Minh City at the time of the incident.
  4. ^ Vũ Văn Tiến (October 21, 1991 – September 20, 2018) born in Cà Mau, residing in Phú Nguyên hamlet, Phú Riềng commune, Bù Gia Mập district, Bình Phước province.
  5. ^ Regarding Dương not killing Gia Linh, there were rumors on social media at the time that Gia Linh was Dương's biological child with the victim Ánh Linh. Later, Major General Hồ Sỹ Tiến in an interview dismissed this rumor, confirming that Gia Linh was Ánh Linh's sister, and the reason for not killing her was that Dương was once close to and very fond of Gia Linh.[10]
  6. ^ Crime scene reenactment is part of investigative reenactment, conducted to verify and confirm documents and details relevant to resolving the case. The investigation agency reconstructs the scene, reenacts actions, situations, or other details of a specific event, and carries out necessary experimental activities.[20]

Bibliography

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