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Man, 20, Charged With “Drive-By” Murder in Alleged Road Rage Death of Oakland Mom

A 20-year-old man was arraigned this week on "drive-by" murder and attempted murder charges after a mother of four was killed when she was driving home in Oakland after getting groceries with her husband.

Carl Stephen Dubose did not enter a plea during his arraignment on Monday and was ordered to return to court on Nov. 17. He was looking to hire a private attorney, according to the Oakland Tribune. The murder charge carries a special circumstance, known as a "drive-by" murder clause.

Dubose was arrested on Oct. 29 in Elk Grove, three days after Perla Avina was shot in the face on 98th Avenue near her home on Rossmoor Avenue. According to court records, Duboce lives on Nevada Street in Oakland, less than half a mile away.

Avina, who had four children, ages 1 to 14, died after the bullets whizzed into her 1998 Toyota Camry. Her husband, identified in court records as Luis Lopez Gallegos, could have been killed, court charging records indicate. He and neighbors tried to save her, to no avail.

Oakland police originally said the shooting, about 12:30 p.m. on a Sunday, was likely due to some sort of road rage incident. But they never fully detailed what evidence they had, saying the investigation was ongoing.

Avina's husband, who also goes by Mando Lopez, told sister station Telemundo that he didn't let another driver in front of him. "I guess I didn't let him go," he said in a past interview.

In a probable cause statement written by Oakland Police Homicide Investigator Caesar Basa, Dubose was identified by a single witness, who was not identified. And when Dubose was arrested, he "subsequently confessed to the murder," Basa wrote.

There was no supporting documentation in the charging statement to elaborate on Basa's claim. And a police report was not immediately made available for review.

Alameda County Assistant District Attorney Paul Hora also was not immediately available to discuss Basa's sworn declaration.

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