Attorney sees injustice at work in case against father of slain son

Steven Meshbesher also charged the case against Kao Chongsua Xiong, 31, is a tragedy.

December 29, 2012 at 3:40AM
In this file photo, Kia Xiong, the father of Neegnco Xiong, 2, is comforted by the Rev. Harding Smith of the Spiritual Church of God, left, and peace activist K.G. Wilson, right, during a vigil near the family's Cedar-Riverside area residence Saturday, Dec. 8, 2012, in Minneapolis.
In this file photo, Kia Xiong, the father of Neegnco Xiong, 2, is comforted by the Rev. Harding Smith of the Spiritual Church of God, left, and peace activist K.G. Wilson, right, during a vigil near the family's Cedar-Riverside area residence Saturday, Dec. 8, 2012, in Minneapolis. (Colleen Kelly — Star Tribune/The Minnesota Star Tribune)

The attorney for a man charged with two felonies after his 4-year-old son accidentally shot and killed his toddler sibling with a loaded handgun says the case against his client "reeks of injustice," and that a family's grief is being used to politicize the case.

Attorney Steven Meshbesher's comments came shortly before Kao Chongsua Xiong, 31, was expected to be released from the Hennepin County jail after posting $10,000 bail. He was charged Thursday with second-degree manslaughter and child endangerment in the Dec. 5 death of his 2-year-old son, Neegnco Xiong. The boy's brother found a loaded gun stashed next to a mattress between a pillow and a headboard. It was one of eight guns police found in the home.

Meshbesher said the fact that Xiong's bond was $10,000, rather than the $150,000 requested by prosecutors, points to the "ridiculous" amount that was requested in a case of a grieving father who has been cooperative with police. He criticized a Thursday news conference by County Attorney Mike Freeman in which Freeman announced the charges and in part attributed Neegnco's death to "gross and reckless disregard" for the child's safety.

"This is a suffering family from an accident that does not rise to the level of a crime from what I can see, and they are going through the most painful period," Meshbesher said. "Mr. Freeman's news conference only made that pain worse by politicizing this case."

Meshbesher said the Xiongs, immigrants from Southeast Asia, have never committed any crimes and are frightened and confused.

"It's one tragedy upon another," he said. "One tragedy they can barely get their head around, and then this tragedy comes up that has a political component to it which they just don't understand."

The guns are now out of the home, Meshbesher said.

He declined to speculate on how the case would play out, adding: "I certainly know this is a defendable person and a defendable case, and I plan on defending it in a courtroom, not the media."

A spokesman said Freeman was unavailable for comment Friday evening.

Abby Simons • 612-673-4921

Hennepin County Attorney Mike Freeman and Minneapolis Assistant Police Chief Matt Clark appeared at a press conference at the Hennepin County Government Center Thursday, Dec. 27, 2012, in Minneapolis, MN, in which it was announced that Kao Chongsua Xiong, 31, faces one count of second-degree manslaughter and one count of child endangerment in the Dec. 5 incident in which his son Neegnco Xiong, 2, was accidentally shot by his four-year-old brother with a loaded hand gun belonging to the father.
Hennepin County Attorney Mike Freeman and Minneapolis Assistant Police Chief Matt Clark appeared at a press conference at the Hennepin County Government Center Thursday, Dec. 27, 2012, in Minneapolis, MN, in which it was announced that Kao Chongsua Xiong, 31, faces one count of second-degree manslaughter and one count of child endangerment in the Dec. 5 incident in which his son Neegnco Xiong, 2, was accidentally shot by his four-year-old brother with a loaded handgun belonging to the father. (Dml - Star Tribune/The Minnesota Star Tribune)
Neegnco Xiong, 2, was shot accidentally by his brother.
Neegnco Xiong, 2, was shot accidentally by his brother. (Colleen Kelly — Provided by the family/The Minnesota Star Tribune)
about the writer

about the writer

Abby Simons

Team Leader

Abby Simons is the Minnesota Star Tribune's Public Safety Editor. Her team covers crime and courts across the metro. She joined the Minnesota Star Tribune in 2008 and previously reported on crime, courts and politics.

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