


A judge sentenced a construction worker on Monday to life in prison without the possibility of parole for attacking and killing a 76-year-old Arcadia woman with a hammer, drywall saw and box cutter during a burglary five years ago.
Heber Diaz, 33, of Pasadena declined to speak during his sentencing, which was held at the Clara Shortridge Foltz Criminal Justice Center in Los Angeles.
A jury on Nov. 7 found Diaz guilty of the first-degree murder of Chyong Jen Tsai as well as robbery, first-degree burglary, two counts of second-degree burglary and elder abuse likely to cause great bodily injury or death.The jury found true the special circumstance allegations that the murder was committed during a robbery or attempted robbery and that the murder was committed during a burglary or attempted burglary. They also found true the other allegations that included personally using a deadly and dangerous weapon and inflicting great bodily injury on someone 70 or older.
Judge Terry A. Bork also gave Diaz a total of three years for a burglary that happened months before the murder and for a weapons allegation. He sentenced Diaz to the other charges but stayed the sentences on those counts.
Bork called the crime “a brutal, heinous and violent act against an innocent, vulnerable victim” that devastated a family.
He denied the defense’s motion for a new trial.
Tsai’s two daughters, a son-in-law and a grandson spoke during the sentencing. Tsai was a Christian, loved her family and dog, was kind and generous, according to her family.
Her mother gave a life of service to family, church and the community, Patty Thurlow said.
“We are asking you to give the defendant the maximum (sentence) the law allows,” Ryan Katsuyama, Tsai’s son-in-law, told the judge. “While this man belongs in hell, I doubt even hell will allow him at this point.”
Diaz was one of the construction workers who worked on the granny flat being built in the backyard of Chyong Jen Tsai’s home in the 300 block of East Forest Avenue.
Her mother lived a life of frugality to have the granny flat built, Nancy Tsai said. Her parents fed the workers.
“She served them breakfast everyday,” Nancy Tsai said. “And my dad even gave him a ride.”
Nancy Tsai cried while she spoke. At one point her son, Andrew Katsuyama, rested his head against her leg.
“Five years ago I was the first to receive the news,” Nancy Tsai said, adding the person who found her mother’s body called her. “I didn’t know what to do. I didn’t have my mother anymore.”
She didn’t know how to explain it to her son, Nancy Tsai said.
Diaz repaid her mother’s generosity in the most callous and cruel way, Thurlow said.
“Her blood soaked the soil while he robbed the house,” she said.
Her father made a heart-wrenching animal-like yowl after he was told what happened to his wife, Thurlow said.
Not only had they lost their mother, Thurlow said their father became a ghostly version of himself who locked himself in his room most of the time, stopped socializing and barely interacted with his grandson.
Diaz stole tools from the Tsais’ property on March 19, 2019. When he returned to steal again on April 9, 2019, Chyong Jen Tsai saw him burglarizing the garage.
She tried to run away but Diaz caught and tripped her, Deputy District Attorney Miriam Avalos told the jury during closing arguments.
Diaz struck the 76-year-old several times with a hammer, stabbed her numerous times, cut her neck twice and strangled her.
Diaz’s intention was to steal tools and leave, Simon Aval, who is Diaz’s attorney, said during closing arguments. His intention wasn’t to hurt Tsai, Aval added.
She saw him as he was leaving. Diaz panicked, according to Aval.
He fled with $4,500 in cash, a white 2005 Lexus RX300, credit cards, Tsai’s purse and other valuables.
Investigators found the stolen SUV on April 18, 2019 in Los Angeles and arrested Diaz on April 19, 2019.