Man Seeks to Overturn 'Honor Roll Murder' Conviction from 1992

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Kirn Young Kim, who was convicted in the 1992 'honor roll murder' of 17-year-old Stuart Tay in Buena Park, California, is seeking to overturn his murder conviction. Kim, who was 16 at the time, testified that he was present when the plan to kill Tay was discussed, but he didn't believe the killing would actually happen. Kim spent over a decade in prison before being paroled in 2012. He is now arguing that changes in state law mean he should not have been convicted alongside the actual killers.

Why it matters

The 'honor roll murder' case drew international attention in 1992 when a group of academically gifted teens from mostly stable, well-off families were identified as the culprits. Kim's case highlights changes in laws around accomplice liability, as he was convicted under a law that has since been changed to require more direct involvement in a killing.

The details

According to testimony, the architect of the killing was Robert Chan, a valedictorian candidate who was worried that victim Stuart 'Martin' Tay was going to tell authorities about Chan's plot to rob a computer salesman. Chan allegedly laid out the plan to kill Tay to four other teens, including Abraham Acosta, and showed them a shallow grave he had dug. Chan then persuaded Tay to meet up and drove him to the home where the attack took place. Chan and Acosta beat Tay for over 7 minutes while he cried and begged for help, before forcing him to drink rubbing alcohol and sealing his mouth with duct tape, leading to his death by choking on his own vomit.

• The fatal beating of 17-year-old honors student Stuart Tay took place on New Year's Eve in 1992.
• Kim spent more than a decade behind bars before his release in 2012.

What they’re saying

What’s next

The judge in the case will decide on Tuesday, March 3, whether to vacate Kirn Young Kim's murder conviction.