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Virgo guilty of attempted murder, faces 35 years to life in prison
Defense attorney said she will appeal ruling
By Lien Hoang
Courtesy
David Virgo

A jury Wednesday found David Virgo guilty of all 22 felony charges, including attempted murder of a peace officer, connected to a 2006 shootout in Newcastle. He faces 35 years to life in prison.

“I’m looking at him never getting out of prison to do this again to a cop,” prosecutor Jeff Wilson said after hearing the verdict at a Placer County court in Roseville.

County Sheriffs arrested Virgo after covertly surrounding a house in Newcastle where they believed he was hiding Oct. 18, 2006. He was wanted for an alleged battery and reportedly fired on officers when they tried to apprehend him. No one was killed, but Virgo sustained a minor injury after officers shot a gun from his hand.

Defense attorney Mary Beth Acton said she would “no doubt” file an appeal after the Nov. 19 sentencing.

The charges against Virgo, 46, of Applegate, included 10 counts of attempted murder of a peace officer - one for each officer - as well as 10 counts of assault of a peace officer with a deadly weapon and two counts of possession of a firearm by a felon.

Virgo’s attorney said she was disappointed by the verdict and questioned the amount of time the jury spent reaching a conclusion.

“With a case like this, the time spent, I don’t know that it was sufficient,” Acton said. “They might have made up their minds before. But we have to respect the jury’s decision.”

But the jury foreman said his team “absolutely” had enough time when they deliberated for most of Tuesday.

“The defense definitely threw in several possibilities and I guess that’s her job, to raise doubt at any point she can,” he said. “But the evidence was overwhelming.”

He asked his name not be used out of fear of retribution. “I’m concerned about some of the people in the audience related to Virgo,” he said. “He’s in Hell’s Angels, and we obviously consider that a dangerous group.”

Another juror told her peers while waiting outside the courtroom, “It was so brief and intimate, this heavy decision we made.”

Several family members came to support Virgo. One relative declined to give her name but said before the verdict was delivered, “Everyone’s got family, good and bad, right?”

Lien Hoang can be reached at lienh@goldcountrymedia.com.

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