Investigators told the court that four witnesses saw the shooting and later identified Valdivia in a photographic lineup.Valdivia was arrested shortly after the killing on an unrelated charge; while he remained in custody, Santa Paula and Ventura County investigators collected the evidence tying him to the murder. He was arrested on the murder charge in March.Valdivia’s attorney, Robert Schwartz, argued Monday that the evidence against his client was insufficient due to inconsistencies in the statements of witnesses. Several witnesses waited months before coming forward, Schwartz noted.Temple countered that witness reluctance is common in crimes that involve gangs who could retaliate against those who step forward.Zuniga, a resident of Port Hueneme, had returned to Santa Paula the night he died to visit relatives who live near where the shooting occurred. His wife and three small children survive him.
Valdivia ordered to stand trial in Zuniga shooting death
June 27, 2003
Santa Paula News
The man accused of murdering a former Santa Paula resident outside a 2002 Halloween party has been ordered to stand trial.
By Peggy KellySanta Paula TimesThe man accused of murdering a former Santa Paula resident outside a 2002 Halloween party has been ordered to stand trial.Gang rivalry was the motive of the Oct. 27 shooting death of Rusty Zuniga, 24, according to Ventura County Dep. District Attorney Cheryl Temple.Zuniga and Hector Valdivia, 22, of Santa Paula, belonged to rival gangs which led to the shooting on the 300 block of Cameron Street, according to testimony received Monday before Superior Court Judge Vincent O’Neill Jr. at a preliminary hearing.O’Neill found enough evidence to order a trial for Valdivia on murder and gang-related charges to start on July 8th.Valdivia is accused of shooting Zuniga in the abdomen and arm before fleeing on foot.
