By Cathy Locke
clocke@sacbee.com
A 46-year-old Applegate man has been sentenced to 121 years and eight months to life in prison for a 2006 gunbattle with a Placer County Sheriff's SWAT team in which an estimated 50 to 70 rounds were fired.
A jury on Sept. 1 convicted David Allan Virgo (left) on 22 felony counts, including 10 charges of attempted murder. He was sentenced Wednesday by Placer County Superior Court Judge Colleen Nichols, who announced her intention to lock up Virgo for the rest of his life, the Placer County District Attorney's Office reported.
There is no possibility that Virgo will be able to complete his sentence, Nichols said in handing out five consecutive terms of 15 years to life in prison as well as 46 more years for various special allegations related to assault and weapons violations.
The judge noted that Virgo exhibited "extremely dangerous behavior" during the Oct. 18, 2006, confrontation with officers, who had surrounded the Newcastle home where Virgo was partying with friends.
Despite the many rounds exchanged between Virgo and the officers, no one was injured.
Ten members of the sheriff's Special Enforcement Team, similar to a SWAT team, had surrounded the home on Happy Hollow Lane and had a warrant for Virgo's arrest, according to the release. But before the officers could peacefully contact Virgo, a partygoer outside the home spotted them, and soon afterward shots were heard coming from inside the house.
Officers responded by shooting out a floodlight that illuminated the outside of the yard.
During the subsequent gunfire, five unarmed people came out of the home and crawled to safety with the aid of officers, officials said. Virgo stayed in the home alone exchanging shots with officers.
During Virgo's trial, officers testified that Virgo could be heard yelling that he had explosives and would "blow up the place up," saying, "I'll kill everyone."
The standoff ended when Virgo surrendered.
Following a monthlong trial, a jury found Virgo guilty on 10 charges of attempted murder and 10 more charges of assault with a firearm on a peace officer. The jury also found Virgo guilty of two felony counts of being a felon in possession of firearms.
In addition, jurors determined that multiple special allegations that Virgo used firearms and acted with premeditation were true.
During the sentencing proceedings, Judge Nichols denied a motion by Virgo's defense lawyer for a new trial.
Call The Bee's Cathy Locke, (916) 321-5287.
About Comments
Reader comments on Sacbee.com are the opinions of the writer, not The Sacramento Bee. If you see an objectionable comment, click the "report abuse" button below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.