BERKELEY, CALIFORNIA – A judge has granted former Berkeley engineer David Xu’s request to expunge his felony conviction for poisoning a co-worker’s water with cadmium. Xu pleaded guilty to poisoning and was sentenced to two years of probation after initially facing an attempted murder charge. His victim, Rong Yuan, says she still suffers serious health problems and can only work part time. Video aired by Fox News shows the moment Xu tampered with her water bottle.
Hidden Camera Catches Engineer Spiking Co-Worker’s Water Bottle
Xu and Yuan both worked as engineers at Berkeley Engineering and Research, a firm on Gilman Street in Berkeley. Yuan noticed a strange taste and smell in water and food she left unattended in her office starting in October 2017. She also reported health problems that at times required emergency hospital care.
After reviewing a surveillance camera in her office, she found footage of Xu adding a substance to her water bottle on two occasions in early 2019. Water samples from those dates tested positive for toxic levels of cadmium. The footage became key evidence in the criminal case.
Cadmium Levels Reportedly 3.5 Million Times the Federal Limit
Yuan suffered severe vomiting, hair loss, and other unexplained illnesses for more than two years before discovering the cause. Her water reportedly contained cadmium at levels 3.5 million times the federal limit.
Two of her relatives also became sick after drinking from the water bottle she brought home from work. Blood tests showed elevated cadmium levels in Yuan and both family members. The relatives fell ill in November and December 2018.
Attempted Murder Charge Ends in Plea Deal and Two Years of Probation
Xu was arrested in March 2019 and initially charged with premeditated attempted murder and poisoning. He later pleaded guilty to poisoning and received two years of probation. He was arrested at his home in Lafayette.
Despite strong objections from prosecutors, a judge granted Xu’s request to expunge his felony conviction. The decision has left Yuan questioning how he could receive a second chance while she continues living with the consequences. In California, an expungement can limit how a conviction affects future job applications.
Victim Says She Still Struggles With Health and Can Only Work Part Time
Yuan says the poisoning has left her with lasting health problems and emotional distress. She can now only work part time because of her condition. Her story has drawn renewed attention after Fox News aired the hidden camera footage.
Cadmium exposure can damage the kidneys and weaken bones over time, and it has been linked to cancer. Prosecutors did not specify a motive when Xu was first charged. Xu, who earned three degrees from UC Berkeley, had no prior criminal history before the case.
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