UPDATED: DA Files Charges in Milpitas Homicide

Correction: The suspect is not being held at Folsom State Prison. He is in custody at Santa Rita county jail, according to the California Department of Corrections.

The Santa Clara County District Attorney's office has filed charges against David Paul Rodriguez, 44, for the voluntary murder of , 43. 

David Rodriguez, a San Jose resident in custody at Santa Rita county jail, faces a maximum sentence of 100 years if found guilty, according to Brian Welch, deputy district attorney in charge of the homicide unit.

The death may have been drug-related. The victim was found by Milpitas police on May 30 laying on the sidewalk holding a bag of methamphetamine, the same type of controlled substance later found in David Rodriguez' car after his arrest.

According to the police report provided by the district attorney's office, David Rodriguez was in possession of the cell phone of a dealer (who was in jail at the time of the homicide) and using it to sell drugs. He is believed to have met with Alfredo Rodriguez in a silver Honda Civic in front of Jerry's Market in the wee hours of the morning.

According to a witness in the police report, was shot in the back with a small-caliber handgun as he exited the car. Further investigation revealed that the bullet from his body matched the ones found inside David Rodriguez's gun at the time of arrest. 

David Rodriguez was on parole when he was arrested in San Jose on May 31. The arrest involved detectives from , Regional Auto Theft Task Force, State Parole and U.S. Marshalls.

The DA's office filed the charges last Friday.

The death of Alfredo Rodriguez is Milpitas' first homicide of the year.