Jury selection is expected to conclude this week in the trial of a felon accused of gunning down a man who punched him for throwing a woman into a swimming pool during a graduation party in Moreno Valley.
David Diaz, 40, of Los Angeles, allegedly killed 44-year-old Giovanni Ibarra of Moreno Valley in 2023.
Diaz is charged with first-degree murder, firearm assault and sentence-enhancing gun and great bodily injury allegations.
Riverside County Superior Court Judge Jason Armand started jury selection for the trial last week at the Riverside Hall of Justice and was likely to wrap up the screening process and seat a panel by Friday.
Diaz is being held in lieu of $1 million bail at the Robert Presley Jail.
According to a trial brief filed by the District Attorney’s Office, Diaz and Ibarra were guests at the same graduation celebration on the night of April 22, 2023, at the home of Sergio Ramirez in the 25000 block of Joshua Avenue, near Agave Street.
The brief said that Diaz, a relative of the host, arrived after Ibarra and his friends had reached the location. The person for whom the party was thrown was not identified in court papers.
As the celebration continued into the predawn hours of the following day, Diaz began playfully rough-housing with his niece, whose identity was not disclosed, picking her up and tossing her into the backyard pool, according to the brief. The woman could not swim, however, and several guests had to come to her aid, pulling her out of the water.
Ibarra was in a long-term relationship with the woman and became incensed by Diaz’s behavior, initially verbally confronting him, leading to a heated exchange that culminated in Ibarra throwing a punch that caught the defendant square in the mouth, drawing blood, according to the prosecution.
Before the altercation could go any farther, other partygoers intervened and directed Ibarra and his friends to leave the house to keep the peace. The victim and several others headed directly to his Cadillac parked across the street. Court papers alleged that Diaz was fuming and couldn’t be held back as he made a bee line out of the house, straight for Ibarra.
“The defendant moved through the crowd until he was within five feet of Ibarra,” according to the brief. “He then discharged four .45 caliber rounds at Ibarra, two of which struck him. The defendant then fled the scene.”
Security surveillance video cameras mounted on the front of Sergio Diaz’s residence captured the entire shooting on digital video, prosecutors alleged.
County fire paramedics reached the location within a few minutes and pronounced the victim dead at the scene from two bullet wounds to the upper body.
Initially, sheriff’s Central Homicide Unit detectives encountered difficulties getting any information from those who were present during the deadly confrontation because they “feared being turned on” by friends and relatives, the brief said. But after obtaining the video images, more information was forthcoming, court papers said.
Detectives tracked Diaz to Otay Mesa in San Diego County, where he was taken into custody without incident less than 24 hours after the alleged attack.
Court records indicated Diaz has at least one prior felony conviction in another jurisdiction, but the offense was not listed.