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The Los Angeles County District Attorney’s office a filed capital murder charge Monday against a registered sex offender who was arrested last week on suspicion of a 1980 rape and murder.

San Pedro resident Robert Yniguez, 65, was scheduled to be arraigned Monday on one count of murder with the special circumstance allegation of murder during the commission of a rape.

The charge makes him eligible for the death penalty. A statement from the district attorney’s office said a decision on whether to seek the death penalty would be made later.

The Los Angeles County Sheriff’s Department arrested Yniguez on Thursday at his home.

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