A man was convicted last week of special circumstances for the drive-by shooting of a man on the 91 Freeway.
The defendant is David Arzate Cabrera, 49, of Anaheim, who was found guilty by a jury of counts of first degree murder, possession of narcotics for sale, and possession of a firearm by a felon. The maximum possible sentence is life in state prison without the possibility of parole, but more will be determined at the sentencing hearing on March 23 at 9 a.m. in Santa Ana.
At approximately 8 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’s 13-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.