Mother of unlicensed bail agent accused in deadly Palm Springs shooting to stand trial on murder
A mother who allegedly bought a gun for her unlicensed bounty hunter son accused of fatally shooting a knife-wielding fugitive in front of Palm Springs police officers must stand trial on murder, a judge ruled today.
Lisa Roberta Vargas, 55, and her son Fabian Hector Herrera, 38, were arrested in 2021 for the shooting death of 33-year-old David Spann.
Vargas is charged with one felony count each of murder, knowingly supplying a firearm, and false affidavit as perjury. Herrera is charged separately with one felony count each of murder, being a convicted fellon in possession of a firearm, being in possession of firearm ammunition, and possessing body armor.
During Vargas' preliminary hearing Friday at the Larson Justice Center in Indio, Deputy District Attorney Patrick Farrell told the judge that previous testimony established that neither Vargas or Herrera were licensed to work as bail agents in California, were dressed in a manner that made police officers believe they were law enforcement professionals, that Vargas purchased a firearm for her son who is a convicted felon, and she broke into Spann's home with Herrera while holding what appeared to be a gun.
It's alleged that Vargas bought a handgun on Jan. 11, 2021, about three months prior to the fatal shooting, after which the same gun was turned over to investigators by Herrera, according to Farrell.
Video from the scene also showed Herrera and Vargas, each armed with what appeared to be firearms, at the front door of the residence, Farrell said. Vargas allegedly pointed hers at the front door, as Herrera kicked and subsequently destroyed it with a sledgehammer.
"Investigator Jones noted in charting Mr. Herrera (that) nearly everything he was wearing - his vest, his body armor, his pants, his boots - were all similar to items worn by law enforcement officers here in Riverside County,'' Farrell said. "In charting the defendant Lisa Vargas, he noted that she was wearing a bullet-proof vest."
Additionally, after a search of the vehicle Herrera and Vargas were in, Jones allegedly found magazines, ammunition of various calibers, firearm holsters, three firearms, a paintball gun, a 12-pound sledgehammer, and multiple folders with bail and bond paperwork of certain individuals, none of which were for Spann.
Vargas' defense attorney Lori Myers then told the judge that there's no evidence to suggest that Vargas knew what the gun she bought for Herrera was going to be used for, that Vargas was only going for a ride-along, and that the tactical gear the two were wearing could be bought by anyone so they were not wearing it to actively represent law enforcement.
"No one was even able to tell this court where Ms. Vargas was. She was out of sight, no one saw her. How could she possibly be liable for killing someone when she did not shoot a weapon,'' Myers said. ``No one has actually proved that (Vargas was holding a real gun). Even if you want to accept that as an inference, no one has proven that there were actual bullets in the gun if she was carrying a real gun."
"If anything, officer Arden was the approximate cause of the death of Spann because he said 'shoot' after asking Herrera if he had ``lethal,'' Myers said.
Riverside County Superior Court Judge Anthony Villalobos then said that there were people who weren't licensed to be there, knocking down the door at 2 a.m. with the victim frightened calling the police about the break-in.
The officers were under the impression that Herrera and Vargas were law enforcement, which they appeared to be based on what they were wearing, but they shouldn't have been there, Villalobos said.
At the end of the preliminary hearing, Villalobos ruled that there was sufficient evidence to warrant a trial for Vargas on all charges.
A post-preliminary hearing arraignment was set for March 22.
Herrera was ordered to stand trial on his respective charges following his preliminary hearing in September 2021.
Vargas is being held at the Larry D. Smith Correctional Facility on $1 million bail and Herrera is being held in lieu of $2 million bail at the Southwest Detention Center in Murrieta, according to inmate records.
The shooting occurred at about 2:30 a.m. on April 23, 2021 in the 100 block of East Via Escuela. According to investigators, Herrera allegedly opened fire on Spann when the victim lunged toward him and several police officers inside Spann's home.
Jail records showed that Spann posted a $100,000 bond on April 1, 2021 in a misdemeanor restraining order violation case.
Herrera spoke to police multiple times prior to officers being dispatched, investigators said. At one point, the defendant called to say he needed help, according to testimony.
Officers also received a call from Spann, who said someone was trying to break into his home, along with a call from Spann's alarm company to report the same incident.
Officers encountered the fugitive allegedly armed with a knife and refusing to drop it, prompting an officer to use a stun gun on him, but he continued to defy officers' orders, police said.
No Palm Springs police officers fired their weapons.
The investigation was turned over to the sheriff's Force Investigations Detail to prevent a conflict of interest for Palm Springs police, culminating in Herrera's arrest.
Herrera could face life in prison if convicted.
He has two felony convictions, both for assault with a deadly weapon -- one in Los Angeles County, and the other in Riverside County, according to court records.
