Najera Waits While Jury Deliberates

INDIO -Jurors began their fourth day of deliberations today in the trial of a reputed gang member who faces the death penalty 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 in the killing of 40-year-old Adrian Cedeno at a home on C Street in Cathedral City on May 28, 2006.

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 received the case a week ago today following two days of closing arguments and more than a month of testimony.

Deputy District Attorney Victoria Weiss said during closing arguments last week that Najera admitted to investigators that he shot Cedeno in the head. In the interview with an investigator, he denied being under the influence of methamphetamine, which the defendant’s attorney has claimed.

Weiss said that Najera robbed and shot Cedeno to gain credibility with his gang.

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 said his client had a history of drug use and was looking for methamphetamine, not someone to kill that night.

The attorney also argued that testimony from the coroner showed the victim was high on methamphetamine when he died. Zimel said that during a confrontation, Cedeno lunged toward the defendant, who accidentally pulled the trigger.

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