Jury Convicts Gang Member In Deadly Shooting

INDIO -Jurors convicted Miguel Valdiva Najera of first degree murder today in theshooting a Cathedral City man during a robbery.

Najera, 28, was 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.

He was found guilty on the special circumstance of being an active gang member at the time of the murder, but the jury was deadlocked on the issues of “murder during a robbery.” The judge declared a mistrial on that charge.

The jurors came back later, finding him also guilty of “robbery in the course of the murder” and “felony with a firearm.”

The two-man, 10-woman jury received the case Nov. 24 following more than a month of testimony.

Deputy District Attorney Victoria Weiss said during closing arguments last week that Najera admitted to investigators 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 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 did not rob Cedeno. He said his client had a history of drug use and was looking for methamphetamine, not someone to kill that night.

Zimel said that during a confrontation, Cedeno lunged toward the defendant, who accidentally pulled the trigger.

However, 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.