Vincent Chin

Infobox Person
name = Vincent Chin


caption =
birth_date = 1955
birth_place = Guangdong
death_date = June 23 1982
death_place = Detroit, Michigan
other_names = 陳果仁
known_for = The civil rights movement inspired by his murder
occupation = Industrial draftsman

Vincent Jen Chincite court|litigants=Henry Yee and the Estate of Vincent Chin (deceased) vs. Ronald Ebens, Michael Nitz, and Fancy Pants lounge |vol=83-309788 CZ |court=Mich 3rd Cir |date=1983] (zh-ts|t=|s=; 1955 – June 23, 1982) was a Chinese American beaten to death in June 1982 in the United States, in the Detroit, Michigan enclave of Highland Park by Chrysler plant superintendent Ronald Ebens, with the help of his stepson, Michael Nitz. The murder generated public outrage over the lenient sentencing the two men originally received in a plea bargain, as the attack, which included blows to the head from a baseball bat, possessed many attributes consistent with hate crimes. Many of the layoffs in Detroit's auto industry, including Nitz in 1979, had been due to the increasing market share of Japanese automakers, leading to allegations that Chinese-American Vincent Chin received racially charged comments before his death. The case became a rallying point for the Asian-American community, and Ebens and Nitz were put on trial for violating Chin's civil rights. Because the subsequent Federal prosecution was a result of public pressure from a coalition of many Asian ethnic organizations, Vincent Chin's murder is often considered the beginning of a pan-ethnic Asian-American movement.cite web|url=http://www.asianweek.com/061397/feature.html |author=Alethea Yip|publisher=Asian Week |title=Remembering Vincent Chin |accessdate=2007-03-14]

Early life

Born in Guangdong province, China, in 1955, Vincent Chin was the only child of Bing Hing Chin (Lang-zh|陳炳興; a.k.a. C.W. Hing) and Lily Chin (Lang-zh|陳余瓊芳). His father earned the right to bring a Chinese bride into the United States through his service in World War II. After Lily suffered a miscarriage in 1949, the couple adopted Vincent from a Chinese orphanage in 1961.

Throughout most of the 1960s, Vincent grew up along Woodward Avenue in Highland Park. In 1971 after the elderly Hing was mugged the familly moved out to Oak Park, Michigan. Vincent graduated from Oak Park High School in 1973, going on to study at Control Data Institute. At the time of his death, he was employed as an industrial draftsman at Efficient Engineering, an automotive supplier, as well as working weekends as a waiter at the former Golden Star restaurant in Ferndale, Michigan. He was engaged, and the wedding date set for June 27, 1982.cite book|title=Asian American Dreams|author=Helen Zia|publisher=Farrar, Straus & Giroux|isbn=0-374-14774-4|year=2000]

Homicide

On the night of June 19, 1982, a fight ensued at the Fancy Pants strip club on Woodward Avenue in Highland Park where Chin was having his bachelor party. The group was thrown out and after a heated exchange of words subsequently parted ways. Ebens instigated the incident by declaring, "It's because of you little motherfuckers that we're out of work," referring to U.S. auto manufacturing jobs being lost to Japan, despite the fact that Chin was not Japanese. Ebens and Nitz searched the neighborhood for 20 to 30 minutes and even paid another man 20 dollarsFact|date=September 2008 to help look for Chin, before finding him at a McDonald's restaurant. Chin tried to escape, but was held by Nitz while Ebens repeatedly bludgeoned Chin with a baseball bat. Chin was struck at least four times with the bat, including blows to the head. As Chin slipped into a coma, he whispered to his friend "It's not fair." When rushed to Henry Ford Hospital, he was brain-dead and died after four days in a coma, on June 23, 1982.

Legal history

tate Criminal Charges

Ronald Ebens was arrested and taken into custody at the scene of the murder by two off-duty police officers who had witnessed the beating.Citation|last=Weingarten|first=Paul|title=Deadly Encounter|newspaper=Chicago Tribune|date =July 31, 1983] Ebens and Nitz were convicted in a county court for manslaughter by Wayne County Circuit Judge Charles Kaufman, after a plea bargain brought the charges down from second-degree murder. They served no jail time, were given three years probation, fined $3,000 and ordered to pay $780 in court costs. In a response letter to protests from American Citizens for Justice, Kaufman said, "These weren't the kind of men you send to jail... You don't make the punishment fit the crime; you make the punishment fit the criminal."

Federal Civil Rights Charges

The verdict angered the Asian American community in the Detroit area and around the country. Journalist Helen Zia and lawyer Liza Cheuk May Chan (陳綽薇) led the fight for federal charges, which resulted in the men being accused of two counts of violating Chin's civil rights, under Section 245 of Title 18 of the United States Code. For these charges, it was not enough that Ebens had injured Chin, but that "a substantial motivating factor for the defendant's actions was Mr. Chin's race, color, or national origin, and because Mr. Chin had been enjoying a place of entertainment which serves the public." [ Defendant's Requested Jury Instruction No. 30, U.S. v. Ebens ] Because of possible mitigating factors that could lead to reasonable doubt, such as intoxication leading to the defendant's inability to form the specific intent, [ Defendant's Requested Jury Instruction No. 18, U.S. v. Ebens ] the prosecution's proving the evidence of uttered racial slurs were not self-sufficient for conviction. [ Defendant's Requested Jury Instruction No. 31, U.S. v. Ebens ] In addition, the defense found Racine Colwell, the witness who overheard the "It's because of you motherfuckers we're out of work" remark, to have received some clemency on a jail sentence for a prostitution charge, which suggested that the government may have tried to cut a deal for her testimony. [ U.S. vs. Ebens transcript, Tuesday, June 19, 1984, p.209-211 ]

The 1984 federal civil rights case against the men found Ebens guilty of the second count and sentenced him to 25 years in prison; Nitz was acquitted of both counts. After an appeal, Ebens' conviction was overturned on a legal technicality in 1986—a federal appeals court found an attorney improperly coached prosecution witnesses. cite court|litigants=US. v. Ebens|vol=800|reporter=F.2d |opinion=1422|court=U.S. App. 6th Cir.|date=1986]

After a retrial that was moved to Cincinnati, Ohio due to the publicity of the case in Detroit, a jury cleared Ebens of all charges in 1987.cite court|litigants=US. v. Ebens|vol=654|reporter=F. Supp.|opinion=144|court=E.D. Mich.|date=1987 ]

Civil Suits

A civil suit for the unlawful death of Vincent Chin was settled out of court on March 23, 1987. Michael Nitz was ordered to pay $50,000 in $30 weekly installments over the following 10 years. Ronald Ebens was ordered to pay $1.5 million, at $200/month for the first two years and 25% income or $200/month thereafter, whichever was greater. This represented the projected loss of income from Vincent Chin's engineering position, as well as Lily Chin's loss of Vincent's services as laborer and driver. However, the estate of Vincent Chin would not be allowed to garnish social security, disability, or Ebens' pension from Chrysler, nor could the estate place a lien on Ebens' house.

In November 1989, Ebens was forced to reappear in court for a creditor's hearing, where he detailed his finances and reportedly pledged to make good on his debt to the Chin estate. Citation | last=Finkelstein | first=Jim | title=The Man Convicted In Chin Case Pledges To Make Good On Debt | newspaper=Detroit Free Press |pages=1B | year=1989 | date=November 30, 1989 ] However, in 1997,cite court|litigants=Paul Dufault, Temporary Person Representative of the Estate of Vincent Jen Chin, Deceased, vs. Ronald M. Ebens |vol=97-727321-CZ |court=Mich 3rd Cir |date=1997] the Chin estate was forced to renew the civil suit, as it was allowed to do every ten years. With accrued interest and other charges, the adjusted total became $4,683,653.89.

Sometime after the murder, the Fancy Pants strip club was permanently closed and subsequently torn down. [ 13300 Woodward, Detroit Cross-Index Directory 1984, 1987 ]

Legacy

The murder is controversial because of the racial motivations of the attack and the lenient sentencing that resulted from the court trial.cite web|url=http://www.asian-nation.org/racism.shtml|author=C.N. Le|publisher=Asian-Nation|title=Asian-Nation: Anti-Asian Racism|accessdate=2007-03-14] The events occurred at a time when there was widespread anti-Japanese feeling due to Japan's success in international trade, and there had been a number of well-publicized charity events in which, in exchange for donating money, people were allowed to smash a Japanese car with a blunt object.cite web|url=http://www.iht.com/articles/2006/05/22/bloomberg/sxlevin.php |author=Doron Levin|publisher=Bloomsbergy |title=Japan Bashing Out of Style, But Car Prejudice Persists| accessdate=2007-09-08] The attack was a hate crime,cite web|url=http://www.tolerance.org/news/article_hate.jsp?id=552|author=William Wei|title=An American Hate Crime: The Murder of Vincent Chin|publisher=Tolerance.org|date=2002-06-14|accessdate=2007-03-14] but pre-dated hate crime laws in the United States.

Nevertheless, during a 1998 House of Representatives hearing on the Hate Crimes Prevention Act of 1997, Congressman John Conyers, Jr. suggested that the problem in making people sufficiently aware of the causes for and injustices of the Vincent Chin case was that it was a political "hot potato" that did not get picked up for "political reasons" with respect to the automobile industry.cite web|url=http://commdocs.house.gov/committees/judiciary/hju57839.000/hju57839_0.HTM |publisher= U.S. Government Printing Office |author=United States House of Representatives |title=Hate Crimes Prevention Act of 1997. Hearing |accessdate=2007-03-14]

Chin's case has been cited by some Asian Americans to support the idea that they are seen as underprivileged citizens or "perpetual foreigners" compared to "real" Americans. [cite web|url=http://www.modelminority.com/article676.html|author=Frank H. Wu|title=Asian Americans and the Perpetual Foreigner Syndrome|accessdate=2007-06-14] Chin's mother, Lily Chin, stated: "What kind of law is this? What kind of justice? This happened because my son is Chinese. If two Chinese killed a white person, they must go to jail, maybe for their whole lives... Something is wrong with this country."Fact|date=August 2007 In September 1987, not wanting to be reminded of her son's tragedy, Vincent Chin's mother, Lily Chin, moved from Oak Park, Michigan back to Guangzhou, China where she had grown up. She returned to the United States for medical treatment in late 2001 and died on June 9, 2002. Prior to her death, Lily Chin had established a scholarship in Vincent's memory, to be administered by American Citizens for Justice. [cite web|url=http://iis.stat.wright.edu/AAC-Dayton/news_reported/memorial_LilyChin.htm |publisher=Organization of Chinese Americans |title=OCA Mourns Death of Lily Chin |accessdate=2007-03-14]

References in popular culture

*In 1983, Lily Chin appeared on "The Phil Donahue Show" to bring public attention to the case.
*In "The New Twilight Zone" episode, "Wong's Lost and Found Emporium", the murder of Vincent Chin is given as the final reason for the main character's loss of compassion.
*The documentary film "Who Killed Vincent Chin?" by Renee Tajima and Christine Choy was nominated for an 1989 Academy Award for Best Documentary.cite web|url=http://www.filmakers.com/indivs/WhoVincentChin.htm |publisher=Filmakers Library|title=Multicultural Studies: Who Killed Vincent Chin? |accessdate=2007-03-14]
*"Because They Thought He Was" is a sculpture by Consuelo Echeverria. It is a life size depiction of the incident made from forged steel auto parts.
*The 2001 book "A Day for Vincent Chin and Me" by Jacqueline Turner Banks is about a Japanese American child's efforts to slow down the traffic on a residential street in Kentucky, while his parents form a local protest in support of the Chin case.
*In 1998, a play based on the case, Cherylene Lee's "Carry the Tiger to the Mountain", was performed at the Contemporary American Theater Festival in Shepherdstown, West Virginia. [cite episode|title= [http://www.npr.org/templates/story/story.php?storyId=1024972 Race and the Performing Arts] |series=NPR Morning Edition|airdate=July 20,1998] The West End Theatre in Manhattan performed the play in June 2007 as part of the first National Asian American Theater Festival. [cite web|url=http://www.naatf.org/index.php?page_id=127|title=Carry the Tiger to the Mountain|publisher=National Asian American Theater Festival|accessdate=2007-08-17]
*Chin is referenced in the Blue Scholars' song "Morning of America."

ee also

*Stereotypes of East Asians (history)
*Hate crime laws in the United States

References

External links

* [http://bulk.resource.org/courts.gov/c/F2/800/800.F2d.1422.84-1757.html US v. Ebens appellate ruling]
* [http://www.americancitizensforjustice.org American Citizens for Justice (ACJ) homepage]
* [http://www.asianweek.com/061397/feature.html AsianWeek article]
* [http://www.mcmurder.com/1980/1982-06-19.html McMurder.com]
* [http://www.vincentchin.net VincentChin.net]
* [http://www.cs.indiana.edu/hyplan/tanaka/vincent/vincent.html Partial transcripts from "Who Killed Vincent Chin?"]
* [http://www.amazon.com/dp/0374527369 Asian American Dreams by Helen Zia (detailed account of the Vincent Chin case)]
* Dr Frank H. Wu . [http://www.clas.wayne.edu/multimedia/usercontent/Media/CSC/conference2008/mp3player.html Opening Lecture at The 5th Annual Conference in Citizenship Studies: Boundaries, March 27-29, 2008] ,Wayne State University