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Mexican national guilty in Arvin drug slaying
| Wednesday, Apr 16 2008 2:19 PM
Last Updated: Wednesday, Apr 16 2008 2:26 PM
A Mexican national living in Kern County will probably spend the rest of his life in state prison after being found guilty Wednesday of murder and kidnapping.
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A local jury convicted Juan Dedios Burboa, 29, of nine felony counts in connection with a deadly plot to kill a trio of Mexican drug runners and steal a shipment of crystal methamphetamine from them.
Outside the courtroom, Kern County Deputy District Attorney Chris Staiger said the jury not only convicted Burboa on all counts, but also found all the special circumstances to be true.
“He’s going to get life without the possibility of parole,” Staiger said.
Much of Staiger’s case revolved around a confession Burboa made to police in Yuma, Ariz., on July 17, five days after Jose Crispin, 24, of Mexico, was shot dead in a rural area near Rock Pile Road and Buena Vista Boulevard near Arvin.
Two other men, Raphael Moreno and Arturo Aviles, were wounded but survived the incident. They have since disappeared.
In his closing argument, Staiger told jurors Burboa and three others conspired one week before the killing to steal the drugs.
“The defendant admitted three handguns were obtained the day before the killing,” Staiger said.
It was also agreed by the four conspirators that the drug runners must die, Staiger argued.
“On July 12, the four approach the truck carrying the three victims,” Staiger told the jury. “They drove them out to Arvin ... the doors open and the shooting begins.”
Richard Terry, Burboa’s attorney, asked jurors to consider that Burboa may have been trying to protect his wife when he confessed.
“Look at Mr. Burboa’s statement,” Terry said. “The officer didn’t hear what he wanted to hear.”
When Burboa was informed that his wife was in custody — the confession spilled out, Terry said.
“All they’ve got is his statement,” he told jurors. “They’ve got nothing else.”
Terry also argued that once one of the other co-conspirators announced there would be no witnesses, Burboa was stunned, but he couldn’t back out because he was in fear for his life.
All the other co-conspirators avoided trial by reaching a plea agreement, Staiger said.
A second defendant, Carlos Chaves, had all counts dismissed except one charge of accessory.
A third defendant, Rigoberto Vargas Casillas, was sentenced in January to 25 years to life in prison. In exchange for pleading no contest to first-degree murder in the death of Jose Crispin, several other felony charges were dismissed.
All charges were dismissed in November against the defendant’s wife, Agustina Burboa. Others who may have been involved have disappeared.
Juan Burboa was found guilty of first-degree murder; two counts of attempted murder; three counts of second-degree robbery; and three counts of kidnapping to commit robbery.
His sentencing is scheduled for May 14.
Despite Burboa’s status as an undocumented resident, he will likely serve his entire sentence in California prisons. U.S. Immigration and Customs Enforcement screens all state prison inmates, prosecutors say. Those who are released may be deported.