Man Is First Convicted Under Stricter Drive-by Law

A 20-year-old gang member was found guilty Thursday of first-degree murder for a drive-by shooting, in Orange County prosecutors’ first use of a stricter law.

Froilan Salud Rivera, 20, of Rancho Santa Margarita, stood with head bowed as the jury pronounced him guilty of first-degree murder in the shooting of Trabuco Hills High School senior Edward Flores last August.

The gang killing, the first in Lake Forest, took place Aug. 28 outside a party on Aspan Street.

Rivera also was guilty of using a firearm and of a gang-related crime--findings that could boost his sentence to a maximum of about 38 years to life. He is to be sentenced May 24 by Orange County Superior Court Judge Anthony J. Rackauckas Jr.

Deputy Dist. Atty. Gary Paer said the case marked the first time Orange County prosecutors used a 1994 law that makes shooting from a car a qualifying circumstance for a first-degree murder charge.

Paer said Rivera shot Flores twice after the victim shouted gang taunts at Rivera and a carful of friends who pulled up to the party.

Rivera testified that the shooting was in self-defense.

Rivera and Flores were members of rival gangs that had skirmished in previous months, Paer said. Previously, Rivera’s brother had beaten up Flores and members of Flores’ gang had shot at the Riveras’ home, the prosecutor said.

The prosecutor said Rivera and his friends reacted violently when Flores shouted obscenities about their gang.

Rivera was arrested in Las Vegas a few days after the shooting.

The jury deliberated about three hours before convicting Rivera. The defendant’s mother, sitting in the front row, sobbed as the verdicts were read. Members of the victim’s family attended the trial but were not in court for the verdict.