Witnesses to the homicide later identified Hector Valdivia, 22 of Santa Paula, in a photo lineup as the shootist.Valdivia, who belonged to a rival gang, was arrested shortly after the killing on an unrelated charge and was rearrested at Ventura County Jail, where he remains without bail.Zuniga was a former resident of Santa Paula who had been living in Port Hueneme. A wife and three children survive him.Valdivia’s girlfriend and the mother of his child, Jessica Pena, told detectives that she had been with him earlier the day of the party, left to visit a friend and returned to her home - crying and refusing to talk - later that night.The gun used in the killing has not been recovered.Valdivia has an extensive criminal record including felony convictions for possession of a controlled substance and unlawful activity with a firearm. He has been convicted of misdemeanors for corporal injury on a spouse, battery, disturbing the peace and resisting arrest.
DA to decide if Valdivia should face death penalty
July 04, 2003
Santa Paula News
The man accused of murdering a former Santa Paula resident outside a 2002 Halloween party might face the death penalty due to special allegations related to gang activity depending on what District Attorney Greg Totten decides.
By Peggy KellySanta Paula TimesThe man accused of murdering a former Santa Paula resident outside a 2002 Halloween party might face the death penalty due to special allegations related to gang activity depending on what District Attorney Greg Totten decides.According to Ventura County Dep. District Attorney Cheryl Temple, gang rivalry was the motive in the Oct. 27th shooting death of Rusty Zuniga, a former Santa Paula resident who was slain on the 300 block of Cameron Street.Valdivia has been charged with murder with the special allegations of being a gang member and intentionally killing a person to benefit a street gang; the special allegations make Zuniga eligible for the death penalty or life in prison without the possibility of parole.DA Totten will make the decision on whether or not to seek the death penalty before Valdivia stands trial on July 8th.Zuniga, 24, was standing outside a Halloween party across the street from his grandmother’s house when he was shot once in the abdomen and arm before the assailant fled on foot.
