Famed Bay Area personal injury attorney Anh Phoong has accused California’s parole division of causing the death of Hanako Abe, a 27-year-old San Francisco woman who was killed by parolee Troy McAlister on New Year’s Eve 2020 — in a new legal filing that cites a “whistleblower” email from a person inside the state agency.
Phoong filed a wrongful death claim Wednesday — a precursor to a lawsuit — alleging that the Department Of Corrections and Rehabilitation’s parole division ignored a Dec. 29 plea from the Daly City Police Department to help locate McAlister, who was suspected of committing a violent carjacking while out on parole.
“This tragedy was not random,” said Phoong in a statement.
“Parole received repeated warnings that McAlister was committing violent crimes while out on parole.”
McAlister had been arrested at least four times while on parole in 2020 and, on Dec. 29, allegedly robbed a woman near a fast food restaurant in Daly City.
Daly City police asked parole agent Roberto Vasquez to help locate and arrest McAllster for felony carjacking and brandishing a firearm against a girlfriend. Vasquez reportedly had access to McAlister’s “GPS coordinates, known residences of record and ankle monitor data” but ignored the request for assistance.
Two days later, while allegedly high on methamphetamines, McAlister struck and killed Abe and another woman, Elizabeth Pratt — sparking a firestorm over why he was free despite multiple arrests.
Phoong’s claim alleges that parole agents Vasquez, Rhoderick Reyes and Tom Porter failed to supervise McAlister during what was his third stint on parole. Vasquez, his parole agent, and the Department of Corrections took no action even after McAlister was repeatedly arrested by local police for new felonies, according to the claim.
That was because of a “direct order” from parole supervisors, according to an internal email first reported by Voice of San Francisco.
The email dated May 11, 2020 shows Porter, a parole supervisor, directing agents to not “provide agency assistance” or “search for violations” due to the COVID pandemic.
The field operations guidance was updated to “better align” with Gov. Gavin Newsom’s “roadmap” to end the state’s stay-home order. The order also directed agents to work remotely and only to visit “recent releases and parolees who could not be contacted.”
“Hanako was a beloved daughter, sister and friend with a promising future. Her family deserves justice and will fight for accountability — and change — so that no one else has to endure this pain,” Phoong said in a statement.
McAlister sought mental health diversion last year, but a court denied his request.