A judge expects to rule in coming days on motions argued Thursday in District Court involving one of four men suspected in the murder of a Fort Lewis College student.
Defense lawyers filed the motions in the case of Kodi “Maz” E. Kuauhtli, 20, who is charged with first-degree murder in the death of Samuel Xarius Gordon, 20.
One motion seeks to move the trial to another jurisdiction, claiming there is too much pretrial publicity to find a fair and impartial jury in Durango. Another seeks additional evidence and documents from prosecutors and law enforcement.
Two more motions seek to suppress statements made by Kuauhtli and evidence collected by law enforcement based on the legality of investigative procedures.
More specifically, Durango defense lawyers David Greenberg and Ingrid Alt said police had no right to stop a Nissan Altima being driven by Kuauhtli at 3:45 a.m. May 24 on Jenkins Ranch Road in the SkyRidge subdivision, where Gordon was shot once in the abdomen.
Police responded to the neighborhood with limited information: They knew there had been a shooting and the suspect was a black man. But they didn’t have a clothing description, vehicle description, or know there were multiple suspects, Greenberg said. It’s a heavily populated neighborhood, he said, and people have a right to be on the road without being stopped by police, even late at night.
“I’m very disturbed about this stop,” Greenberg said. “... I think the stop was clearly illegal.”
Several officers testified there were no other cars on the road. There is only one way in and one way out of the SkyRidge subdivision. They encountered the Nissan Altima in a roundabout just south of 253 Jenkins Ranch Road, where the shooting occurred.
There were four men inside the car, including a black man.
One officer testified he would have stopped the same car if it had “four little old ladies” inside, considering the time of night, its location and what had happened.
Officers detained the men while gathering details from witnesses inside the house. They soon learned there were multiple suspects, including one who wore a red bandana.
An officer shined his flashlight in the back seat of the car and saw a red bandana and a handgun on the floorboard behind the driver’s seat. After that, police arrested all four men.
Assistant District Attorney David Ottman said police had reasonable suspicion to stop the car, and, considering the bandana and gun, probable cause to make an arrest.
Alt asked District Judge Suzanne Carlson to suppress statements Kuauhtli made during a two-hour interview with police. She said Kuauhtli’s waiver of Miranda rights wasn’t voluntary considering how confused and tired he appears in a video recording of the interview. She also accused Detective Brad Roach of coercing him, giving him incorrect legal information, wearing him down by asking the same question repeatedly, offering him rewards for cooperation and threatening him if he didn’t cooperate.
Ottman said police used normal interview tactics, made no promises, and while it may have been late at night, Kuauhtli responded appropriately to questions.
Judge Carlson will hear more arguments Monday. She is expected to rule in coming days and weeks.
Kuauhtli’s co-defendants are Kuauhtleko Garcia, 21, of Scottsdale, Arizona; Alvin Noel Flores, 22, of Phoenix; and Daniel Nelson Wright, 20, of Phoenix.
Wright faces 10 to 24 years in prison after signing a plea agreement in January with the District Attorney’s Office, in which he pleaded guilty to felony burglary. The others have pleaded not guilty and await trial.
shane@durangoherald.com
