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2nd-Degree Murder of Gang Member : 3 Men Convicted of Drive-By Killing

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Times Staff Writer

Three suspected gang members were convicted Tuesday of second-degree murder in the drive-by shooting of a 20-year-old man on a Sun Valley street corner.

David Arqueta, 20, Jorge Galvez, 18, both of North Hollywood, and Jeffrey Prieto, 22, of Pacoima killed Ruben Macias in November, 1987, authorities said.

The three men are members of a San Fernando Valley gang, and the victim was a member of an East Los Angeles gang, authorities said.

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Shooting Not Premeditated

San Fernando Superior Court Judge Howard Schwab found the three guilty of second-degree murder. They were originally charged with first-degree murder, but the judge ruled that the shooting was not premeditated.

Macias was shot six times as he walked along Laurel Canyon Boulevard near Sheldon Street about 9 p.m., authorities said. But none of the four women who testified in the trial said they saw the shooting.

The 2 1/2-week trial was conducted before Schwab, rather than a jury, at the request of the defense attorneys. The attorneys agreed to forgo a jury trial because the case was complicated and based largely on circumstantial evidence, Deputy Dist. Atty. Edward Nison said.

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Four Key Witnesses

The case hinged on the testimony of four witnesses, who testified that they were stopped at a traffic signal near Laurel Canyon Boulevard and Sheldon Street when they saw three men getting out of a car, two of whom were carrying rifles. Two witnesses identified the defendants as the men they saw getting out of the car. The other two were unable to identify the gunmen in court.

Three days after the killing, police found a rifle used in the shooting hidden in the bushes near where Macias’ body had been found, according to testimony.

Prieto, who the two witnesses said was the driver of the car, could be sentenced to 15 years to life in prison. Arqueta and Galvez, who authorities said fired the shots, face prison sentences of 17 years to life. All three are scheduled to be sentenced Nov. 30.

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