SANTA ANA, Calif. – A nephew was convicted yesterday of shooting and murdering his uncle after an argument at a birthday party. Daniel Lee Duvall, 39, Westminster, was found guilty by a jury on Feb. 23, 2017, of one felony count of first degree murder, and a sentencing enhancement for personal discharge of a firearm causing death was found true. Duvall faces a maximum sentence of 80 years to life in state prison. The court will hear a bifurcated trial on Duvall's prior felony conviction for transportation of a controlled substance and possession of a firearm by a felon for the benefit of a criminal street gang in 2002 at his sentencing on April 14, 2017, at 8:30 a.m. in Department C-38, Central Justice Center, Santa Ana.
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 April 14, 2017, at 9:00 a.m. in Department C-5, Central Justice Center, Santa Ana.
On the evening of March 8, 2015, Daniel Duvall attended a birthday party being held for Arbogast at her home in Westminster. Approximately 15 to 20 people were in attendance at the party.
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 as the victim was attempting to leave in his van. Daniel Duvall shot Frank Duvall once in the torso as the victim sat in the driver's side 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.
Senior Deputy District Attorney Jim Mendelson of the Homicide Unit is prosecuting this case.
Orange County District Attorney / Case # 15WF0501 / February 24, 2017