Case # 15WF0501
Date: March 13, 2015
NEPHEW TO BE ARRAIGNED FOR SHOOTING-MURDER OF UNCLE AFTER ARGUMENT AT BIRTHDAY PARTY
*Co-defendant girlfriend is charged as an accessory after the fact in this case
WESTMINSTER – A nephew is scheduled to be arraigned today for the shooting murder of his uncle. Daniel Lee Duvall, 37, Westminster, is charged with one felony count of murder with sentencing enhancements for personal discharge of a firearm causing death, three sentencing enhancements for crime-bail-crime, prior felony convictions for residential burglary in 1996, possession of a firearm by a felon in 2002, possession of a firearm by a felon in 2008, and possession of a controlled substance with intent to sell in 2010. Co-defendant Tina Pauline Arbogast, 48, Westminster, is charged with one felony count of accessory after the fact.
If convicted, Daniel Duvall faces a maximum sentence of 85 years to life in state prison. Arbogast faces a maximum sentence of three years in state prison. Both defendants are scheduled to be arraigned today, March 13, 2015, in Department W-12, West Justice Center, Westminster. The time is to be determined.
At the time of the crime, Daniel Duvall was out on bail for three separate open cases.
On the evening of March 8, 2015, Daniel Duvall is accused of attending 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 is accused of getting into a verbal argument with his uncle, 56-year-old Frank Duvall inside the home. At some point during the argument, Daniel Duvall is accused of brandishing a loaded firearm.
Daniel Duvall is accused of then following his uncle out of the party as the victim was attempting to leave in his van. Daniel Duvall is accused of shooting 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 is accused of fleeing 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.