Murder sentence upheld in Wichita restaurant gang shootout

The Kansas Supreme Court has upheld the life sentence of a gang member convicted of murder and 11 other crimes connected to a shootout at a Wichita restaurant.

The court unanimously rejected an appeal by Steven M.N. Louis, convicted of first-degree murder in a 2011 gun battle between rival gangs, the “Asian Boyz” and the “Viet Boyz,” at Bai Wei restaurant, 1845 S. Rock Road.

Louis, a member of the Asian Boyz, admitted firing 15 shots at members of the rival gang as they fled the scene of the restaurant shootout in an SUV, court documents said.

Louis also was convicted in a drive-by shooting at a Wichita home later that day, apparently in retaliation for the death in the restaurant battle of his fellow gang member, Kao Pou Saechao, 19 – also known as Michael Saechao in court records.

Overall, Louis was convicted of 12 crimes including first-degree murder, three counts of attempted first-degree murder, aggravated assault and criminal discharge of a firearm.

He was sentenced to life in prison without possibility of parole for 20 years in the murder. He also was sentenced to an additional 13 years and nine months, to be served if and when he is granted parole on the murder conviction.

Louis appealed on several grounds, including alleging that the jury should have been instructed that it could consider second-degree murder as a possible verdict instead of premeditated first-degree murder.

The court acknowledged there was a legal question about the instructions, but said it didn’t matter in the context of the case.

“Even assuming the district court should have given the instruction, its failure to do so was harmless,” Justice Dan Biles wrote for the court. “There was overwhelming evidence of premeditation, so there is no reasonable probability the jury would have convicted Louis of second-degree murder had the instruction been given.”

Louis also argued that state law limiting sentences in cases where multiple crimes are committed should have held his sentence to about 27 years in prison.

The Supreme Court also rejected that, with Biles writing: “Louis’ reading of the statute is without merit.”

This story was originally published November 23, 2016 at 1:37 PM with the headline "Murder sentence upheld in Wichita restaurant gang shootout."