A judge on Friday denied a reduction in bail for an Arizona man suspected of participating in a home invasion-style robbery that resulted in the shooting death of a Fort Lewis College student.
Kodi “Maz” E. Kuauhtli, 20, hung his head and clasped his hands for about two minutes after District Judge William Herringer’s ruling in 6th Judicial District Court, where Kuauhtli’s family and friends filled two rows of benches in the courtroom gallery.
Kuauhtli is being held on $500,000 bail; his Durango defense lawyer, David Greenberg, asked that bail be reduced to $25,000.
Herringer said Kuauhtli has no criminal history and appears to have good family support, but he worries about Kuauhtli’s overall character and the logistics of monitoring his release in Arizona, where he wanted to live and work pending his court case.
Kuauhtli is charged with first-degree murder and robbery in the death of Samuel Xarius Gordon, 20, who was shot once in the abdomen. He has three co-defendants – Alvin Noel Flores, 22, of Phoenix; Kuauhtleko Garcia, 21, of Scottsdale, Arizona; and Daniel Nelson Wright, 20, of Phoenix – also charged with first-degree murder and robbery.
All four men are suspected of entering Gordon’s house about 3:40 a.m. May 24 in the SkyRidge subdivision to rob Gordon of 9 pounds of illegal marijuana and about $20,000 in cash.
Neither police nor prosecutors have said who they suspect of pulling the trigger.
Kuauhtli’s mother and father spoke at Friday’s bail hearing. His mother described him as a “gentle soul,” a term she has heard several people use in describing her son. His father described him as a “beautiful, loving person” who participates in ceremonies and prayers involving his community.
Greenberg made legal arguments for reducing bail and reminded the court of Kuauhtli’s presumption of innocence. He also mitigated Kuauhtli’s involvement. His three co-defendants are suspected of driving from Arizona to Durango and stopping at Wal-Marts along the way to purchase masks, latex gloves and zip ties, which were used to bind the hands of one of the occupants inside the house.
There is no evidence Kuauhtli had knowledge of those purchases, nor is there any evidence he entered the house or knew his co-defendants were armed, Greenberg said.
Deputy District Attorney David Ottman opposed a reduction in bond, saying Kuauhtli faces life in prison if convicted, lives in a different state and has no lasting ties to the community.
But Gordon’s mother, Jeanette Phillips, made perhaps the strongest argument against reducing bail, saying she believes Kuauhtli, a former Fort Lewis College student, is the mastermind behind the robbery.
It was Kuauhtli who befriended Gordon, it was Kuauhtli who scoped out the situation and it was Kuauhtli who called upon his friends in Arizona to help carry out the robbery, she told Judge Herringer. If it hadn’t been for Kuauhtli, there wouldn’t have been a crime and her son would still be alive, she said.
“This was very well devised.”
shane@durangoherald.com
