A second man who participated in a home-invasion robbery that resulted in the death of a Fort Lewis College student pleaded guilty Tuesday to burglary, robbery and second-degree murder.
Alvin Flores, 23, faces 18 to 32 years in prison after signing a plea agreement with the 6th Judicial District Attorney’s Office. Sentencing is set for July 6 in District Court in La Plata County.
Flores pleaded guilty to tougher charges and is exposed to more years in prison than his co-defendant, Daniel Wright, who was sentenced last week to 17 years in prison after pleading guilty to burglary. Wright’s plea agreement called for 10 to 24 years in prison.
The difference appears to be the result of the two men’s actions while inside the house: Wright stayed downstairs, while Flores was one of two men who went upstairs, where Samuel Xarius Gordon, 20, was shot and killed.
In addition to Flores and Wright, two other men have been charged with first-degree murder: Kodi “Maz” E. Kuauhtli, 19, of Phoenix, and Kuauhtleko Garcia, 21, of Scottsdale, Arizona. Both men pleaded not guilty and are headed toward trial.
Even though Flores pleaded guilty to second-degree murder, he has not taken responsibility for pulling the trigger early May 24, 2016, at 253 Jenkins Ranch Road, in the SkyRidge subdivision in Durango.
The plea agreement says Flores entered the home illegally with the intent to steal marijuana, used a handgun to subdue roommates, and during the course of the robbery, Gordon was shot. It doesn’t say Flores pulled the trigger, but under state law, it doesn’t necessarily matter who fired the gun; all participants are complicit and can be held liable for the shooting.
Gordon’s mother, Jeanette Phillips, said she’s opposed to the plea agreement. A plea agreement should be reserved for defendants who tell the truth about what happened, and so far, that’s not what’s happening.
In speaking to the court Tuesday, Phillips said she believes Flores fired the shot that killed her son because it was a gun he borrowed that was used in the shooting.
Phillips said she’s frustrated with the judicial process. She has expressed her displeasure with two plea agreements, but it hasn’t changed anything, she said.
On the other hand, she doesn’t want to see Flores’ “smirk” and “fancy new haircut” during a three-week trial.
Judge William Herringer responded to Phillips, saying he might make decisions she disagrees with, but he is listening to her and is “profoundly moved” by how devastating the loss of her son has been.
“You have obviously suffered the most out of anybody,” Herringer said.
“I just want you to know, I have been listening to you.”
shane@durangoherald.com
