RIVERSIDE — A felon who gunned down a man after the victim punched him for throwing a woman into a swimming pool during a graduation party in Moreno Valley was convicted Wednesday of second-degree murder and other charges.
A Riverside jury deliberated one day before finding David Diaz, 40, of Los Angeles, guilty of the slaying of 44-year-old Giovanni Ibarra of Moreno Valley in 2023. Along with murder, jurors convicted Diaz of firearm assault and sentence-enhancing gun and great bodily injury allegations.
Riverside County Superior Court Judge Jason Armand scheduled a sentencing hearing for Jan. 16 at the Riverside Hall of Justice.
Diaz is being held without bail at the Robert Presley Jail.
According to a trial brief filed by the District Attorney’s Office, the defendant and Ibarra were guests at the same graduation celebration on the night of April 22, 2023, in a home in the 25000 block of Joshua Avenue, near Agave Street.
The brief said 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.
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 the victim throwing a punch that caught the defendant in the mouth, drawing blood, according to the prosecution.
Before the altercation could go any farther, other guests intervened and directed Ibarra and his friends to leave the house to keep the peace. The victim headed directly to his Cadillac parked across the street. Court papers said 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 the residence captured the entire shooting on video.
Paramedics reached the location within a few minutes and pronounced the victim dead at the scene.
Initially, sheriff’s Central Homicide Unit detectives encountered difficulties getting any information from those who were present because they “feared being turned on” by friends and relatives, the brief said. But after obtaining the video images, more information was forthcoming.
Detectives tracked Diaz to Otay Mesa in San Diego County, where he was arrested without incident less than 24 hours after the attack.
Court records indicated that he has at least one prior felony conviction in another jurisdiction, but the offense was not listed.