Ly Tong, who galvanized so much of San Jose's Vietnamese neighborhood together with his non-public towards communism -- a warfare that during this example went very public -- was sentenced Friday to 6 months in prison for an assault on a singer from Vietnam.

But as a result of time he has already served, Tong may be spending FIFTY FOUR extra days within the Santa Clara County prison.

Both prosecutors and Probation Division beneficial Tong obtain minimum prison time, and supporters recommended he be launched right away.

Judge Andrea Y. Bryan wasn't having it. She stated she discovered the advice from the probation division "overly lenient," and as a substitute gave Tong six months prison time. He additionally won three years probation.

Tong remaining month was convicted of 2 misdemeanors -- easy attack and resisting arrest -- and felonies, together with the usage of tear fuel and second-degree housebreaking with the rationale to dedicate a felony, for spraying a singer from Vietnam with a few type of tear gas-like irritant.

Tong confronted a most of 3 years and 8 months in jail.

It was the fruits of an ordeal that featured cross-dressing or even fish dressing — as mavens had been known as upon to testify whether or not fish sauce and fragrance constituted a perilous weapon.

An hour earlier than the scheduled sentencing, a brigade of yellow-shirted supporters accumulated out of doors the Corridor of Justice, ready to be informed the destiny in their hero.

"We simply wish he has freedom," mentioned Qui Nguyen

of Milpitas, like Tong a former Vietnamese air drive officer. "HOWEVER we aren't positive. Now we have judge, we have now jury, now we will see."

The yellow shirts bore the inscription "Ly Tong, freedom fighter."

"Only individuals who suffered beneath Communism will remember what he did, and why he did it," stated Mai Nguyen of San Jose. "WE CAN always remember our historical past. The more youthful technology that was born here, they do not take into accout. He is a hero. No one else will do what he did."

Outside the courtroom, supporters had been instructed just a few of them might get in. They had been advised to take off their yellow T-shirts.

Among the greater than ONE HUNDRED supporters was a delegation of 36 from the Vietnamese American Federation of Southern California, and others from as far-off as Florida.

By Thursday, petitions bearing a complete of 6,778 signatures of give a boost to have been despatched to the pass judgement on. Councilman Kansen Chu wrote a letter to Tong, describing him as "a sort particular person of excellent personality with a zeal to serve. County Manager Dave Cortese, who's making plans a run for mayor of San Jose, despatched a letter to pass judgement on Bryan suggesting "further incarceration is not sensible". And, as usual, Tong's retinue of aged supporters from the Vietnamese neighborhood -- many arrayed in antique fatigues -- confirmed up outdoor the courthouse earlier than sentencing.

Tong have been held within the county prison for a month given that his conviction, and were formally credited with double that nearly as good" time."

At his trial, the previous South Vietnamese fighter pilot -- and because his resettlement in San Jose, self-styled "freedom fighter" -- liked military-style coveralls, aside from throughout ultimate arguments, whilst he confirmed up in a print dress, prime heels and heavy make-up. That was the similar get-up through which Tong, an ardent anti-communist, had faced singer Dam Vinh Hung, whose politics he disliked, on the Santa Clara Conference Middle years earlier.

The cross-dressing stunt brought about his personal attorney to question outdoor the presence of the jury whether or not Tong was ready to take part in his safeguard. However last arguments proceeded at the same time as wide-eyed jurors took the degree of the person within the brown wig and blazing crimson jacket.

In the end, jurors could not agree on whether or not Tong's weapon of selection was pepper spray or his personal aromatic mix of fragrance and fish sauce. They acquitted him of criminal assault, even as convicting him of straightforward attack and resisting arrest -- each misdemeanors -- and extra severe legal fees of the use of tear gasoline and second-degree housebreaking with the reason to dedicate a felony.

Staff author Tracey Kaplan contributed to this tale. Touch Bruce Newman at 408-920-5004; observe him at Twitter.com/BruceNewmanTwit.