MAN CONVICTED OF SPECIAL CIRCUMSTANCES DRIVE-BY SHOOTING MURDER ON 91 FREEWAY

SANTA ANA, Calif. – A man was convicted today of special circumstances murder for the drive-by shooting of a man on the 91 Freeway.

Defendant Charges Maximum Sentence Court Date
David Arzate Cabrera, 49, Anaheim Found guilty by a jury today of the following felony counts:

  • First degree murder
  • Possession of narcotics for sale
  • Possession of a firearm by a felon

Sentencing Enhancements

  • Personal discharge of a firearm causing death
  • Special circumstances murder by drive-by shooting
Life in state prison without the possibility of parole Sentencing March 23, 2018, 9:00 a.m. Department C-30, Central Justice Center, Santa Ana

Circumstances of the Case

  • At approximately 8:00 p.m. on July 14, 2014, Cabrera was driving a black Nissan westbound on the 91 Freeway in Anaheim.
  • The defendant drove up next to a Ford F-150 pickup truck and shot at the passenger side window of the truck, where 32-year-old victim Agustin Villegas was seated.
  • At the time of the crime, the victim’s brother-in-law was driving Villegas’ vehicle and the victim’s13-year-old son and 15-year-old nephew were in the backseat.
  • The defendant murdered Villegas by shooting him in the head and then fled from the scene. The victim and the defendant did not know each other.
  • Anaheim Police Department (APD) officers responded to the scene and located a .357 shell casing.
  • On July 15, 2018, a witness contacted the Orange County Sheriff’s Department to report additional information.
  • APD arrested Cabrera on July 31, 2014. At the time of his arrest, the defendant possessed approximately one pound of cocaine inside his residence and a .357 semi-automatic handgun inside his black Nissan.
  • The Orange County Crime Lab conducted forensic analysis and determined the shell casing located on the 91 freeway on July 14, 2014, was fired from the defendant’s .357 semi-automatic handgun.

Prosecutor: Senior Deputy District Attorney Steve McGreevy, Homicide Unit Orange County District Attorney / Case # 14NF3175 / January 24, 2018

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