By Redaccion
[email protected]
District Attorney Erik Nasarenko announced today that David Guadelupe Calderon (DOB 02/25/93), of Oxnard, was convicted by a jury for the first-degree murder of Edwin Herrera, a young father and non-gang member. The jury also found true the gun special allegation. Calderon waived jury regarding other allegations, including a gang enhancement and a gang special circumstance, and the judge found those true.
On February 29, 2012, Calderon, a registered gang member, was driving through Oxnard with another gang member, Carlos Hernandez. They had a sawed-off shotgun in the car, and Calderon was looking to restore his credibility with his gang. That night, Calderon and Hernandez drove in the Lemonwood neighborhood of Oxnard when they located Edwin Herrera, who was moving his vehicle to avoid a parking ticket. Calderon pulled up next to the victim, exited his car with the shotgun, and demanded to know which gang the victim was a member of. Despite the victim having no gang affiliation, telling Calderon that he was not a gang member, Calderon shot the victim in the neck, at close range. Calderon and Hernandez fled the scene. The victim’s family heard the shot and rushed outside to find him slumped over in his car. He was rushed to a nearby hospital and succumbed to his injuries a short time later.
An investigation by the Oxnard Police Department uncovered that Calderon and Hernandez had purchased a unique type of shotgun ammunition from a local gun shop on the same day as the murder. Surveillance footage showed Calderon, known to officers for his gang activity, purchase the shotgun round used to kill Mr. Herrera.
Approximately 25 minutes after the murder, Calderon is seen on surveillance video walking into a pizza restaurant and ordering a pizza. In the days that followed, Calderon sold the murder weapon to another gang member. On March 30, 2012, Oxnard Police officers served a search warrant at a residence and located the shotgun. Forensic testing positively linked the shotgun to Mr. Herrera’s murder.
On September 1, 2012, Calderon was in custody on an unrelated robbery charge, when he was recorded bragging about the killing to another inmate. He was indicted and charged with the murder of Mr. Herrera on August 28, 2015.
Senior Deputy District Attorney John Barrick and Deputy District Attorney Alexa Leibl prosecuted the case.
“I am so very grateful to Detective Jeff Kay and the Oxnard Police Department for their amazing investigation into this catastrophic crime,” Mr. Barrick said. “Due to their efforts, the jury heard overwhelming evidence of the defendant’s guilt. Now, finally, after 12 long years, Edwin’s family will receive the justice they so rightfully deserve.”
Calderon is scheduled to be sentenced on April 12, 2024, at 9:00 a.m. in courtroom 25 of the Ventura County Superior Court. He faces life in prison without the possibility of parole.
Case: 2015024873
Defendant Information:
David Guadalupe Calderon (DOB 02/25/93)
Oxnard
Convicted of:
- PC 187(a) – Murder
Special Allegations:
- PC 190.2(a)(22) – Killed victim while participant in street gang
- PC 12022.53(d) – Personal and intentional discharge of a firearm
- PC 186.22(b)(1) – Street terrorism
- PC 12022.1(b) – Commission of a felony after released on bail
