Tom Yu was indicted but moved to dismiss the charges on the basis that he had been granted immunity by Levine; the trial court denied the motion, finding both that he had not satisfied the two imposed conditions, and further, that his proposed testimony was not true. Yu then entered a conditional guilty plea in 1979 on one count of conspiracy to commit second-degree murder and admitted that a firearm was used in the crime. The plea bargain had been extended to Tom Yu on April 25, 1978, modified on May 30, and accepted by Yu on September 1. However, upon reviewing the probation report, which called Tom Yu "the prime mover in the whole thing", the court rejected the plea bargain and restored the original charges. Yu appealed the rejection of the plea bargain, since the court had previously ruled it was a binding agreement, although the presiding judge also added the condition that court judgment could be used to set it aside. The trial venue had been moved first to Fresno due to publicity in San Francisco, and then to Santa Barbara since Peter Ng had already been tried and convicted in Fresno. Yu's first trial ended in a hung jury in September 1979. He was later convicted of five counts of first degree murder, eleven counts of assault by means of force likely to produce great bodily injury, one count of conspiracy to commit murder, and one count of conspiracy to commit assault with a deadly weapon. He was sentenced to life imprisonment in state prison.