Jury Deliberates In Gang Shooting Trial

KESQ.com News Services

INDIO -Jurors began deliberating today in the murder trial of a reputed gang member who faces a possible death sentence if convicted of shooting a Cathedral City man during a robbery.

Miguel Valdivia Najera, 28, is charged with first-degree murder, robbery and being a felon in possession of a gun for the May 28, 2006, slaying of Adrian Cedeno at a home on C Street in Cathedral City.

Najera also faces special circumstance allegations of committing murder during a robbery and being an active participant in a criminal street gang.

The two-man, 10-woman jury was handed the case this afternoon, following two days of closing arguments and more than a month of testimony.

Deputy District Attorney Victoria Weiss said during closing arguments Monday that Najera threatened to kill alleged drug dealer Oscar Gonzalez because there was “bad blood” between them, but he shot Cedeno instead to gain credibility in his gang.

Najera had gotten a ride with two other men to the home where Gonzalez was staying on C Street. When the men walked up the driveway of the home, Cedeno aggressively confronted them about what they were doing there, she said.

“That’s all it took, was some rude words,” Weiss said. Weiss said Najera admitted to investigators that he shot Cedeno in the head, but he denied being under the influence of methamphetamine.

“He executed a defenseless, unarmed, cooperative man for no other reason than disrespect and glory for his gang,” Weiss said.

Weiss asked jurors to disregard Najera’s statement to police that Cedeno leaned into the gun, which caused it to accidentally go off.

Weiss pointed to testimony from a Department of Justice gun expert that the shooting could not have been accidental because the .40-caliber Smith and Wesson gun used in the shooting had two safety triggers.

Weiss said that even if jurors found the shooting was an accident, Cedeno’s death would still be considered first-degree murder because he died during a robbery.

Najera’s attorney, Jeff Zimel, argued that his client was not an active gang member at the time of the shooting and that he did not rob Cedeno of his wallet and watch.

“He did it for the glory of the gang? Are you kidding me? That is not what this case is about,” Zimel said.

He said his client had a history of drug use and was looking for methamphetamine, not someone to kill that night. Zimel pointed to testimony from a defense witness that Najera had used methamphetamine on the afternoon of the murder.

The attorney also argued that testimony from the coroner showed the victim was high on methamphetamine when he died. He said Cedeno provoked Najera, who reacted by forcing the victim to empty his pockets because he thought Cedeno had a gun.

Zimel said Cedeno lunged toward the defendant after he finished emptying his pockets.

“Miguel tightens his grip on the firearm and accidentally pulls the trigger,” Zimel said.

Zimel also pointed to testimony from witnesses that Najera was associated with the Cathedral City gang in the past, but that he was not an active gang member in 2006.