Attorneys for Chinese defendants in highway arrests ask judge to throw out evidence

The attorneys for two of the three Chinese nationals arrested by highway patrol officers on Interstate 40 last year were in Superior Court Friday asking the judge to throw out evidence against their clients.

Arizona Department of Public Safety officers arrested Zhao Yang, Gang Nun Lin and Xiaoya Steven Sun in October.

Sun is accused of pulling a gun out and attempting to shoot one of the officers.

Lin's attorney, Billy Sipe Jr., was in court Friday filing a motion to separate his client's case from that of other two defendants, especially Sun.

Sipe also filed a motion to suppress all evidence against his client.

Lin, 30, is charged with felony transportation of marijuana for sale and conspiracy to transport marijuana for sale.

He is in jail on a $45,000 bond.

William Kroger, a Los Angeles attorney who was just recently assigned to represent Yang, was also in court asking Judge Richard Weiss to postpone Yang's omnibus hearing until he can interview DPS officers who were at the scene.

Kroger said he also plans to file a motion to suppress all evidence against his client.

Kroger also hinted at a possible plea agreement between Yang and prosecutors.

Yang, 22, is charged with felony conspiracy to transport marijuana for sale.

His omnibus hearing was postponed until April 30.

Yang is in custody on an $180,000 bond.

Weiss set Lin and Yang's next hearing for April 30 to make it easier to have a Chinese interpreter present on the same day for all three defendants.

Sun, 22, who was not in court Friday, is being held without bond charged with attempted murder, aggravated assault on a peace officer, misconduct involving a weapon, transportation of marijuana for sale and conspiracy to transport marijuana for sale.

Sun's omnibus hearing is scheduled for April 30.

Omnibus hearings usually set the date for the trial.

Currently all three cases are joined meaning all three would be tried together.

During the traffic stop Oct.

17 about four miles west of Kingman, a DPS officer stopped Lin and Sun driving in a rental car.

The officer frisked Lin and Sun and while patting down the suspects, he reportedly felt a handgun under Sun's jacket, according to police records.

Sun pulled away from the officer and is charged with attempting to pull the gun out of his jacket and point it at the officer.

The officer then shot Sun in a thigh.

Sun was taken to a Phoenix hospital and treated for a leg wound.

Yang was driving a similar make of rental car when he was stopped on I-40 near Ashfork.

DPS officers allegedly discovered about 100 pounds of marijuana in each car.