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FELON SENTENCED TO OVER 75 YEARS TO LIFE IN PRISON FOR SHOOTING-MURDER OF HIS UNCLE AFTER ARGUMENT AT BIRTHDAY PARTY

Posted by Fay Arfa | Aug 08, 2017 | 0 Comments

SANTA ANA, Calif. – A felon was sentenced to over 75 years to life in state prison for shooting and murdering his uncle after an argument at a birthday party.

Defendant Charges Sentence
Daniel Lee Duvall, 40, Westminster Found guilty by a jury on Feb. 23, 2017 of felony:
  • First degree murder

Sentencing Enhancement

  • Personal discharge of a firearm causing death

Prior Convictions

  • Second strike, serious felony – Possession of a firearm by a felon in 2002
  • Residential burglary in 1996
  • Possession of a firearm by a felon in 2007
75 years to life + five years in state prison

Co-defendant Tina Pauline Arbogast, 49, Westminster, is charged with one felony count of accessory after the fact. If convicted, the defendant faces a maximum sentence of three years in state prison. Arbogast is scheduled for a pre-trial hearing on Sept. 20, 2017, at 9:00 a.m. in Department C-5, Central Justice Center, Santa Ana.
Circumstances of the Case

  • On the evening of March 8, 2015, Daniel Duvall attended a birthday party being held for Arbogast at her home in Westminster.
  • At approximately 10:00 p.m., Daniel Duvall got into a verbal argument with his uncle, 56-year-old Frank Duvall, inside the home.
  • At some point during the argument, Daniel Duvall brandished a loaded firearm.
  • Daniel Duvall then followed his uncle out of the party and shot Frank Duvall once in the torso as the victim sat in the driver's seat of his van. The victim died as a result of the gunshot wound.
  • Immediately after the shooting, Arbogast is accused of approaching Daniel Duvall and asking for the firearm. Arbogast is accused of taking the firearm and then fleeing the scene in her own vehicle.
  • Daniel Duvall fled the scene shortly thereafter on his motorcycle. The defendants are accused of fleeing to Riverside County.
  • On the afternoon of March 10, 2015, the Westminster Police Department, who investigated this case, located the defendants in a gated community in Canyon Lake and arrested them.

Prosecutor: Senior Deputy District Attorney Jim Mendelson
*Defendant's girlfriend is charged as an accessory after the fact in this case
Orange County District Attorney / Case # 15WF0501 / August 4, 2017

About the Author

Fay Arfa

Fay Arfa has the distinction of being Certified as a Specialist in two separate areas of law – Criminal Law as well as Appellate Law – by the California State Bar, Board of Specialization. The National Board of Trial Advocacy has also awarded her a board Certification in Criminal Trial Advocacy. ...

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