David Guadalupe Calderon convicted in 2012 second-degree murder of Edwin Herrera
VENTURA COUNTY, Calif. – Ventura County District Attorney Erik Nasarenko announced Friday that David Guadalupe Calderon of Oxnard was convicted of the 2012 first-degree murder of Edwin Herrera.
The jury that convicted Calderon also found true a special allegation that he personally and intentionally discharged a firearm and Calderon waived jury consideration of further special allegations which the judge in the case found to be true detail Ventura County District Attorney's Office.
A full list of the special allegations found true about Calderon are below:
- PC 190.2(a)(22)-Killed Victim While Participating in a Street Gang
- PC 12022.53(d)-Personal and Intentional Discharge of a Firearm
- PC 186.22(b)(1)-Street Terrorism
- PC 12022.1(b)-Commission of a Felony After Released on Bail
On Feb. 29, 2012, Calderon, previously registered as a gang member, was driving in the Lemonwood neighborhood of Oxnard with another gang member when they located Edwin Herrera who was moving his vehicle to avoid a parking ticket state Ventura County District Attorney's Office.
According to the Ventura County District Attorney's Office, Calderon pulled up next to Herrera, exited the car with a sawed-off shotgun, and demanded to know which gang Herrera was associated.
After Herrera told Calderon he was not affiliated with any gangs, Calderon shot him in the neck at close range before fleeing the scene with the other gang member in their car detail Ventura County District Attorney's Office.
Herrera's family heard the shot and found Herrera slumped over in his car state Ventura County District Attorney's Office.
Herrera was rushed to a nearby hospital, but died shortly after from his injuries detail Ventura County District Attorney's Office.
An investigation by the Oxnard Police Department revealed that Calderon and his fellow gang member present during the shooting had purchased a unique type of shotgun shells from a local gun shop the same day as the murder explain Ventura County District Attorney's Office.
According to the Ventura County District Attorney's Office, surveillance video from the gun shop showed Calderon purchasing the ammunition and surveillance video from a pizza restaurant showed him ordering a pizza around 25 minutes after the murder.
On Mar. 30, 2012, Oxnard Police executed a search warrant at a residence where the murder weapon was recovered and forensic testing positively linked the shotgun to Herrera's murder detail Ventura County District Attorney's Office.
On Sep. 1, 2012, Calderon was in custody on an unrelated robbery charged when he was recorded bragging about the murder of Edwin Herrera to another inmate and he was subsequently indicted and charged with Herrera's murder on Aug. 28, 2015 explain Ventura County District Attorney's Office.
“I am so very grateful to Detective Jeff Kay and the Oxnard Police Department for their amazing investigation into this catastrophic crime,” said Senior Deputy District Attorney John Barrick who prosecuted the case alongside Deputy District Attorney Alexa Leibl. “Due to their efforts, the jury heard overwhelming evidence of the defendant’s guilt. Now, finally, after 12 long years, Edwin’s family will receive the justice they so rightfully deserve.”
Calderon is currently scheduled for sentencing on Apr. 12, 2024, in courtroom 25 of the Ventura County Superior Court where he faces life in prison without the possibility of parole state Ventura County District Attorney's Office.
