ORANGE COUNTY DISTRICT ATTORNEY NEWS RELEASE
FOR IMMEDIATE RELEASE
Case # 14NF3175
Date: January 24, 2018
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: 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
Maximum Sentence: Life in state prison without the possibility of parole
Sentencing: March 23, 2018, 9:00 a.m. at 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, 2014, 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
TONY RACKAUCKAS, District Attorney
Susan Kang Schroeder, Chief of Staff
Michelle Van Der Linden,Spokesperson