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Modesto police say it's 'pretty rare' for the suspect of a killing to be 13 years old

Police say the suspect walked up to a food truck, shot the owner and then fled.

MODESTO, Calif. — A 13-year-old boy has been arrested for allegedly shooting and killing a food truck owner in Modesto. 

According to a Facebook post by the Modesto Police Department, officers were called to the 1600 block of Monterey Avenue around 8:15 p.m. Tuesday, Feb. 16, for a report of a shooting. When officers arrived, they found Rafael Avila-Rodriguez, 67, of Salida and the owner of the food truck, suffering from a gunshot wound. The victim was taken to a hospital where he eventually died. 

"He doesn't really stand out to be a person for someone to shoot him," said customer Angel Uribe. "He's just one to what's called just calm, doing his job, making his honest living off selling his tacos whatever he could sell."

During their investigation, officers learned the suspect walked up to the food truck, shot Avila-Rodriguez and then fled. The suspect was taken into custody by the Modesto Police Department's Street Gang Unit following a traffic stop around 12:30 a.m. Wednesday, Feb. 17. 

Police say he was a passenger in a car. The age of the suspect is quote "pretty rare" says Modesto PD.

"I tried to look back a little bit and I couldn't find anything in the last 15 years or so of a homicide suspect being 13 or younger," said Modesto Police spokesperson Sharon Bear. 

Maria Lopez says she has lived in the Modesto District neighborhood for 25 years where there is a well-engrained reputation for crime.

"These kids go around doing all kinds of damage by my fence, by my house lighting fires," said Lopez.

The identity of the 13-year-old has not been released because of their age. The suspect has been charged with murder. 

The Modesto Police Department is asking anyone with information to call them at 209-342-9162 or call Crime Stoppers at 209-521-4636.

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