Man who killed store clerk over mask avoids death penalty at retrial

Taipei, Feb. 19 (CNA) The Taiwan High Court on Wednesday upheld a life sentence for a man who stabbed a convenience store clerk to death over being asked to wear a face mask.

Taoyuan resident Chiang Chia-kai (蔣嘉凱) was originally given the death penalty for the November 2021 murder, which occurred during Taiwan's strict mask mandate due to the COVID-19 pandemic.

The Taoyuan District Court's December 2022 sentence was reduced when the case was automatically sent for appeal to the Taiwan High Court, in accordance with Article 344 of the Code of Criminal Procedure.

However, Taiwan's Supreme Court ordered a retrial in April 2024, on the grounds that the High Court had failed to explain why it had accepted a psychological evaluation favorable to Chiang while disregarding an unfavorable one.

In Wednesday's retrial, the High Court ruled that Chiang still qualified for a reduced sentence due to his self-surrender, a factor not considered sufficiently in the original death penalty ruling.

Chiang's lack of prior offenses and considered mitigating factors, such as his motives, background, psychological evaluation, and post-crime attitude also meant that a life sentence would sufficiently balance rehabilitation and public safety, the High Court said.

The November 2021 killing committed by Chiang, a paper sculptor, was sparked by a dispute at a convenience store in Taoyuan's Guishan District.

According to court records, Chiang was told by the clerk, surnamed Tsai (蔡), that he had to put on a mask.

Chiang reluctantly left the store but soon returned wearing a mask and became involved in an altercation with the 30-year-old Tsai, during which he threw his mask at the clerk.

Chiang returned a second time dressed in different clothing and called for Tsai, who was in a backroom, to come out, at which point he stabbed him 13 times with a knife he had hidden on his person, including three times in the heart.

Although Tsai was able to disarm Chiang during the ensuing scuffle, he collapsed outside the store due to excessive bleeding and later died of hypovolemic shock.

During the first trial at the Taoyuan District Court in December 2022, Chiang was sentenced to death for the crime, on the grounds that the murder was premeditated-- as he had changed his clothes to disguise his identity-- and that he did not suffer from mental illness.

Wednesday's ruling, which can be appealed, did not address this issue.