An attorney for a possible suspect in the fatal nightclub beating in Santa Ana said it was the 23-year-old victim who threw the first punch in what deteriorated into a violent altercation among patrons waiting to get into a popular lounge.
Defense attorney Michael Molfetta said he is representing one of the four people being sought in the case. He said his client has not been arrested, however.
Molfetta also challenged what has been the story line in the early-morning beating over the weekend outside the Crosby, a trendy nightspot in the city’s bustling downtown.
Authorities said Kim Pham, 23, was beaten and stomped until she was unconscious during the altercation early Saturday. The recent college graduate was taken off life support Tuesday and pronounced dead.
Friends said Pham may have been targeted by a group of patrons because she had unintentionally stepped in front of a camera as the group posed for a photo.
Police have charged Vanessa Tapia Zavala, 25, with murder and announced that they were looking for four other suspects.
“My understanding is that Pham threw the first punch, which landed on the face of Vanesa Zavala,” Molfetta said. “From there the thing escalated very quickly, very violently, and there were a number of people in line with Ms. Pham that attacked the people that Ms. Zavala was with.”
Molfetta said the dispute appears to have started after one of Zavala’s friends inadvertently bumped into Pham.
The criminal defense attorney said he spoke with three “independent witnesses” with no ties to either group who verified this account. Zavala was with two women and two men that night, Molfetta said, adding that the police know who they are but haven’t made any arrests.
On Wednesday, Zavala’s attorney, Kenneth Reed, said his client did not attack Pham and was in fact hurt in the fight outside the Crosby, losing her phone in the process.
The phone was recovered by Santa Ana detectives.
The incident is a tragedy and Pham didn’t deserve to die, Molfetta said, but the public outcry and media attention may have pushed police to rush to judgment.
“Nationally, Ms. Zavala has been vilified and the poor lady that died has basically become a saint,” Molfetta said. “I’m sure she was a lovely woman and had a great future ahead of her, but Ms. Zavala is a good woman too.”
Zavala is being held in lieu of $1-million bail and has a pretrial hearing Jan. 20.
“We jumped the gun in terms of people being arrested,” Molfetta said. “Let’s slow down, get all the evidence gathered before we’re getting kids and charging them with murder; [Zavala] was in her pajamas when she was arrested.”
Pham was a recent Chapman University graduate who has been described by friends and acquaintances as a compassionate and gentle woman who championed causes such as breast cancer awareness and helped raise funds following the devastating tsunami in Japan.
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