Jasper Wu: Suspects charged in I-880 freeway shooting death of toddler now eligible for parole

Two suspects facing murder charges in the death of a toddler appeared in an Oakland courtroom Thursday.

The Alameda County District Attorney has dropped special circumstances against the two suspects, making them eligible for parole if convicted.

Twenty-three-month-old Jasper Wu was killed by a stray bullet while he and his family were driving on Interstate 880 in Oakland in November 2021.

"My heart goes out to the family of the toddler, but they have the wrong guys," said Attorney Laurie Mont.

RELATED: 2 men formally charged in freeway shooting death of toddler on I-880 in Oakland, DA says

Defense attorney Laurie Mont did not explain why she believes her client, 22-year-old Trevor Green, isn't responsible for the shooting death of toddler Jasper Wu, in 2021.

Green and 24-year-old Ivory Bivins are both charged with the murder of Wu.

Police say he was struck by a stray bullet during a gun battle while riding inside his family's car on I-880 in Oakland.

The charges include special gang enhancements for murder, something Mont says, she'll challenge.

RELATED: Murder charges dismissed against 1 defendant in shooting death of toddler on I-880 in Oakland

Murder charges have been dismissed against one of three defendants accused of killing 1-year-old Jasper Wu during a gun battle on I-880 in Oakland.

"Recent amendments to the gang statues make it clear you can't take neighborhood groups of kids from minority neighborhoods and call them gangs because they identify with a particular neighborhood," Mont said.

Alameda County DA Pamela Price dropped the special circumstances filed against Bivins and Green, which means they no longer face life without parole if convicted, or the death penalty if California resumes executions.

Carl Chan says the Wu family opposes the decision.

"Number one, they want to thank people supporting them, but they definitely want to make sure justice is not only served for the family but justice for all," Chan said.

EXCLUSIVE: Jasper Wu's family voices concerns over murder suspects' possible shorter sentences

Price says both suspects face decades long sentences if convicted.

In a statement, she said: "We will continue to hold these men accountable for these serious charges that will likely land them behind bars for the rest of their lives."

Last month a judge dismissed murder charges against a third defendant, saying 28-year-old Johnny Jackson was the victim of an ambush.

Jackson pleaded guilty Thursday to felony possession of a firearm.

"Johnny took responsibility for what he's responsible for. I'll say it again: he did nothing to cause the death of the child," said Jackson's attorney, Annie Beles.

Suspects Bivins and Green did not enter a plea in court Thursday. They'll be back in court July 25.

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