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Posted: February 05, 2014

Prosecution: Wrong twin brother charged with murder

San Jose Police Department

KTVU-TV - Bay Area

SAN JOSE, Calif. —

One of two twin brothers who were expected to enter a plea on murder charges Wednesday in connection to a fatal stabbing at a birthday party last month was informed in court that it would be his brother who faced murder charges.

In a Santa Clara Superior Court Wednesday morning, 18-year-old Ductrung Huynh Tong was informed by prosecutors that he would no longer be charged with murder with a weapon enhancement and this he would be instead charged with being an accessory to murder.

Tong’s twin brother Ahn, who was been in custody since both of their arrests, would be charged with murder instead, according to the Santa Clara County District Attorney's Office.

The brothers were arrested on Jan. 26 by San Jose police for the killing of 22-year-old Richard Phan, who was stabbed at about 1:30 a.m. that day at a party meant to celebrate the birthday of Phan's female friend.

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Phan, of San Jose, who had been invited by his friend to the party, died at a hospital about 30 minutes after the stabbing, police said.

The Tong brothers had been invited to the party by another guest, San Jose police spokesman Officer Albert Morales said.

Phan may have been attempting to break up a fight outside the home just before he was stabbed, Morales said.

Officers took the Tongs into custody after witnesses said they were not sure which of the twin brothers stabbed Phan because they looked so much alike, Morales said.

Phan was a senior at San Jose State University who was majoring in biological science, university spokeswoman Pat Lopes Harris said.

— The Associated Press contributed

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