Fountain Valley Teen Sentenced to 10 Years for Shooting at Police

A Fountain Valley teen convicted in July of attempted voluntary manslaughter in connection with a shootout with Fountain Valley police last December was sentenced Friday to 10 years and two months in state prison.

"This was ultra-hazardous activity," Superior Court Judge Gary Paer said. "This was serious business."

David Dinh, 18, was arrested in Dec. 28, 2010 after firing at Fountain Valley Police . Dinh was 17 at the time of the incident, and was taken to the hospital after being shot several times by police.

Dinh was convicted of attempted voluntary manslaughter and assault with a firearm, but was of the more serious charges of attempted murder and assault with a deadly weapon on a police officer. Dinh's attorney, Lew Rosenblum, successfully argued that his client was mentally ill at the time of the incident and wasn't aware of what he was doing.

"In my business, I do respect the jury's verdict," Paer said. "It did not encompass attempted murder, did not encompass premeditation and did not encompass assault on a police officer. I can not change that. But that does not diminish the seriousness of this case. The facts are the facts."

Dihn stared blankly ahead as the sentence was handed down, while his mother, Tisha Nguyen, who tearfully testified on her son's behalf, broke down upon hearing Paer's decision. Dinh and his father, Joe, also spoke during the hearing, and all three asked for Paer's leniency so that Dinh might have a second chance to make up for his crimes.

"I hope that you can see through all the wordplay, the posturing, the posing, and see me for who I really am," David Dinh said, addressing Paer. "I hope that you see someone with potential in front of you who wants to do something with his life, who's learned a lesson. If you give me that second chance, I'll be forever indebted to you."

Assistant District Attorney Lynda Fernandez conceded that Dihn's mental illness played a role in the incident, but also described Dihn as "intelligent and manipulative" and as being obsessed with firearms to the point where he was easily able to select the most powerful weapon available, load the proper rounds into the magazine, insert the magazine into the rifle and chamber the first round.

Fountain Valley Police officer Rick Nilos, Dihn's intended target during the incident, also spoke during the proceedings, and echoed Fernandez's thoughts about Dinh's mental capacity.

"I fought for our country and now I serve my community," Nilos said, fighting back tears as he addressed both Dinh and his family. "I didn't matter to Dinh that day because he wanted to hurt anyone who wanted to stop him. He is a danger to the community and to Orange County and to the residents of Fountain Valley. I'm just like you guys; I'm just a Dad. Being a cop comes second."

Rosenblum adressed the court as well on behalf of his client, saying that he had no intention of asking for probation, and that he had never wanted the case to go to trial. He urged Nilos and his fellow officers to see the case the way the jury did.

"David Dinh is not the monster that you believe him to be," Rosenblum said. "He's not a gangster or a criminal; he's a sick young man...He is not a bad person; he did a bad thing. He knows that. He understands that."

In handing down the sentence, Paer recognized Dihn's mental illness, but also recognized the sophistication with which Dinh's crimes were carried out. He also reminded both Dihn and Dihn's family of how much worse the situation could have ended.

"Your son did get a second chance," Paer said, addressing Dinh's parents. "He lived. That's huge. It's a miracle he wasn't killed. Also, Officer Nilos was lucky he wasn't killed. So when you talk about second chances, I think this sentence encompasses a second chance."