Kristin Smart case: Bail lowered to $50K for Ruben Flores, accused of helping hide remains

  • Oops!
    Something went wrong.
    Please try again later.
Dave Minsky, Santa Maria Times, Calif.
·3 min read
  • Oops!
    Something went wrong.
    Please try again later.

Apr. 22—A judge on Wednesday reduced bail for a man accused of helping his son hide the body of missing Cal Poly student Kristin Smart from $250,000 to $50,000.

During the hearing in San Luis Obispo, Superior Court Judge Craig Van Rooyen set forth terms of a possible release that would prevent Ruben Flores, 80, from leaving San Luis Obispo County and would require him to wear an electronic ankle monitor. He also would have to turn over his passport, which has expired, according to his attorney Harold Mesick.

Ruben Flores appeared from County Jail during the hearing via Zoom that included Mesick, who agreed to the release terms after arguing his client shouldn't be punished with a high bail amount.

"After he pays his fixed expenses, he's close to poor," Mesick said. "His regular income is poor, but that's because he's taking money out of his retirement account and that's causing him to have to pay a penalty. He's bleeding every month."

Ruben Flores was arrested on April 13 and charged on April 14 with accessory to murder. His son, 44-year-old Paul Flores, was arrested on the same day and charged with the murder of Smart, who went missing on May 25, 1996, and was declared legally dead in 2002.

Paul Flores remains in County Jail without a bail amount and was the last person seen with Smart, whose body has never been located. Both Ruben and Paul Flores pleaded not guilty on Monday.

Van Rooyen approved the lower bail amount after reviewing a statement of assets provided by Ruben Flores, although Deputy District Attorney Chris Peuvrelle argued that the same statement proves he can afford "ample" bail and renewed his request for the original amount.

The scheduled bail amount for an accessory charge is $20,000, although that could vary between charges, such as robbery or murder, Peuvrelle told Van Rooyen, who referred to Monday's hearing in which he stated that Ruben Flores could spend the entire three-year sentence for his charge in pretrial detention.

"As we discussed at the last hearing, the court cannot find there is no less-restrictive means than to protect public safety and ensure [Ruben Flores'] appearances than to keep him in custody, so I'm not going to detain him, and setting bail at something more than he can afford is a detention under the law," Van Rooyen said.

In addition, Van Rooyen said he may be able to revisit what bail amount Ruben Flores could afford if additional information is provided.

Mesick agreed to the electronic ankle bracelet, which would be administered by the County Probation Department.

Additionally, Mesick said that a high bail amount will deprive Ruben Flores of the ability to afford two defense experts, including a biologist and a soils expert.

At Monday's hearing, Mesick referred to sealed search warrants executed in March and April at Ruben Flores' home in the 700 block of White Court, where sheriff's investigators allegedly found a portion of recently disturbed soil near the house's foundation, although he did not get into specifics but said evidence provided by the prosecution is "more than ambiguous."

Starting on the same day as the arrests, sheriff's officials searched the Arroyo Grande home for two days, using power tools and other equipment, but did not release any new information.

Peuvrelle said it was "common sense" to not lower the bail amount because Ruben Flores could tamper with evidence or interfere with the investigation.

Paul and Ruben Flores are scheduled to reappear for preliminary hearing motions at 1:30 p.m. on May 17 and again at 1:30 p.m. on June 21 in Superior Court. A preliminary hearing that is expected to last up to 12 days is tentatively scheduled for July 6.

Recommended Stories

  • India sets global record of new Covid-19 cases amid oxygen shortage

    The country records 314, 835 new daily cases as Delhi hospitals says they only have a few hours of oxygen left

  • Iowa woman who hit Black, Latino children with her car pleads guilty to federal hate crimes

    Nicole Franklin, who was charged with intentionally hitting children with her vehicle in 2019, pleaded guilty to federal hate crimes on Wednesday.

  • The US and UK lead the world's coronavirus vaccinations - but they may struggle to reach herd immunity if they reopen too soon

    More contagious variants and vaccine skepticism could still pose a barrier to herd immunity, scientists said.

  • Black Army soldier responds to racist tirade at IHOP: ‘This is America’

    ‘This is the country we serve and defend. These are the people we fight for’

  • US outlines possible sanctions relief for Iran in nuke talks

    A senior U.S. official said Wednesday that the Biden administration has laid out examples of the kinds of sanctions on Iran it’s willing to lift in exchange for Iran’s return to compliance with the 2015 nuclear deal. The official said the U.S. through intermediaries has presented Iran with three baskets of sanctions: those it’s prepared to lift, those it’s not prepared to lift and those that will require further study to determine if they are in fact appropriate for relief under the nuclear deal. The official declined to specify which sanctions fall into which baskets but said the third group is the most problematic.

  • A New Jersey town is reviewing its bicycle license rules after a video captured cops handcuffing a Black teen and seizing bikes from him and his friends

    Video shared on YouTube last week showed police officers confiscating bikes from four teenagers and putting one of the teens in handcuffs.

  • Grizzly victim knew risks of living with bears, friends say

    Grizzly bears are part of life in the gateway communities bordering Yellowstone National Park, and backcountry snowmobile guide Charles “Carl” Mock knew well the risks that come with working, hiking and fishing among the fear-inspiring carnivores, his friends said. Bear spray residue found on Mock's clothing suggested he tried to ward off last week's attack using a canister of the Mace-like deterrent, considered an essential item in the backcountry. While some outsiders questioned the inherent perils of such a lifestyle in the wake of Mock's death, those who knew him said he accepted the risk as trade-off for time spent in a wilderness teeming with elk, deer, wolves and other wildlife.

  • Iran provides Yemen's Houthis 'lethal' support, U.S. official says

    NEW YORK/WASHINGTON (Reuters) -Iran's support for Yemen's Houthi movement is "quite significant and it's lethal," U.S. special envoy on Yemen Tim Lenderking said on Wednesday, as he called a battle for Yemen's gas-rich Marib region the single biggest threat to peace efforts. Lenderking told U.S. lawmakers that Iran supports the Houthis in several ways including through training, providing lethal support and helping them "fine tune" their drone and missile programs.

  • Babysitter used wrestling moves on 1-year-old before his death, Texas police say

    He’s also accused of holding the infant like a football.

  • Belgian envoy's wife 'slapped' S.Korea shopkeeper

    South Korean police say they want to talk to the wife of the Belgian ambassador there, after an incident in which she allegedly slapped a shopkeeper.Footage from a security camera emerged online this week from a clothing store.It shows a woman slapping a shopkeeper who had tried to stop her from approaching another worker.They had suspected she was trying to leave the shop with an item of clothing she had not paid for. Police who were dispatched at scene identified her as Xiang Xueqiu, the wife of the Belgian ambassador, according to an officer at the local police station. Police say they received a complaint over an alleged assault.But since then, the police have not been able to contact Xiang, saying it was because she was in a hospital. Reuters was unable to identify which hospital and could not immediately reach her for comment. The Belgian embassy in Seoul confirmed Xiang had been hospitalized but made no further comment. South Korea's foreign ministry told Reuters it had urged the Belgian embassy to cooperate on the matter and said it would take appropriate measure based on the police investigation.

  • Dave Bautista says he demanded to be the next Bane in a meeting with Warner Bros.

    The "Army of the Dead" star revealed that he made it clear to Warner Bros. and DC that he wants to play the legendary villain.

  • Bolsonaro, Putin among dozens of leaders set to attend White House climate summit

    The Biden administration offered new details this morning about the big, virtual climate summit Thursday and Friday and signaled they expect new emissions reduction and climate finance commitments from multiple countries. Driving the news: The administration said 40 heads of state would attend, including Russian President Vladimir Putin and President Jair Bolsonaro of Brazil.Get market news worthy of your time with Axios Markets. Subscribe for free.They unveiled a lineup that also includes high-profile names, such as Pope Francis, Bill Gates, the heads of NATO and the World Bank, corporate executives and more.Why it matters: The White House is trying to reassert U.S. leadership on the climate issue and encourage other countries to make commitments to slash emissions before 2030.The intrigue: On a call with reporters this morning, officials laid out the summit agenda, but did not say what additional commitments the U.S. will be making on the emissions or climate finance front. However, it is widely expected the U.S. will commit to reducing emissions by at least 50% below 2005 levels by 2030, which would put the country near the top of the pack when it comes to emissions targets. What they're saying: "We expect action at this meeting. We're looking for people to make announcements to raise their ambition to indicate next steps that they intend to be taking to help solve the climate problem and to work collectively to do so," a senior administration official told reporters.The administration is also looking to use the summit to showcase its all of government approach to climate — the event will include not only the heads of environmental agencies but also officials like the secretary of defense and the director of national intelligence.The big picture: The summit comes just after the European Union agreed to a provisional deal overnight on sweeping climate legislation that aims to slash the bloc's net greenhouse gas emissions by 55% compared to 1990 levels by 2030.Quick take: Biden administration officials can use the deal to show that other countries are acting as President Biden presses Congress for huge new investments and unveils a non-binding target to steeply cut U.S. emissions this decade."Our political commitment to becoming the first climate neutral continent by 2050 is now also a legal commitment," European Commission President Ursula von der Leyen said in a statement.In addition, China, the world's largest emitter, announced that President Xi Jinping would attend the virtual summit despite deep tensions with the U.S. Separately, the U.K. also announced tougher emissions goals this week, targeting a 78% cut by 2035 compared to 1990 levels.What we're watching: All eyes are on other countries — notably Japan and Canada — to see if they unveil new targets, and other nations' moves made to date are not necessarily because of the U.S. return to the world stage. The U.S. goes into the summit with a credibility gap after former President Donald Trump withdrew from the Paris Agreement. Biden moved to rejoin on his first day in office.Go deeper: Carbon emissions are roaring back from COVID-19More from Axios: Sign up to get the latest market trends with Axios Markets. Subscribe for free

  • Darnella Frazier says she ‘cried so hard’ at Chauvin verdict

    The teenage girl who filmed the murder of George Floyd on May 25, 2020 is being hailed as a hero for posting the footage that led to a global outcry against police brutality and undoubtedly contributed to achieving a guilty verdict. “George Floyd we did it!!” Frazier concluded her Facebook post. Frazier’s footage of Floyd’s death under Derek Chauvin’s knee was pivotal in the case to convict him.

  • German court refuses effort to block EU recovery fund

    Germany's top court has refused to issue an injunction blocking the country's participation in the European Union's 750 billion-euro (more than $900 billion) coronavirus recovery fund, clearing the way for the launch of the fund and its common borrowing aimed at supporting green and digital economic development. The Federal Constitutional Court said Wednesday it turned back a motion for a preliminary injunction from a group including economics professor Bernd Lucke, a founder of the populist Alternative for Germany who has since left the party.

  • Derek Chauvin could face decades in prison

    Former police officer Derek Chauvin could face decades in prison in the death of George Floyd.

  • George Floyd’s girlfriend on verdict: ‘I’d do anything to have him standing next to me’

    George Floyd’s girlfriend spoke out on Tuesday after former police officer Derek Chauvin was found guilty of his murder. Floyd’s girlfriend of three years, Courteney Ross, 45, spoke out about the verdict in Minneapolis as people celebrated in the streets, per People. Chauvin was found guilty on Tuesday of killing Floyd after the former officer placed his knee on his neck for over nine minutes.

  • Head of neo-Nazi group arrested for pointing gun at Black motorists after his poorly attended rally fizzles out

    Just 15 people showed up for National Socialist Movement’s rally in suburban Phoenix park

  • An Italian man accused of not showing up for work for the past 15 years now faces extortion charges

    Authorities say the man threatened his manager in 2005 to keep her from reporting his absenteeism. After she left, her successor reportedly never checked up on him.

  • Police offer more details on Columbus shooting victim

    The Columbus Dispatch reported a crowd of protesters had gathered near a home on the city's southeast side where the shooting occurred, just minutes before the guilty verdict was announced against the police officer charged with murdering George Floyd last year.Police involved in the shooting were answering an emergency-911 call reporting an attempted stabbing by a female suspect, interim police chief Michael Woods said.Columbus Mayor Andrew Ginther confirmed the fatal shooting, saying on Twitter that "a young woman tragically lost her life."

  • NFL owner refuses to take down George Floyd tweet saying, 'I CAN BREATHE' after Derek Chauvin was convicted of murder

    The Las Vegas Raiders are being criticized for sending a tweet that reads "I can breathe" following the guilty verdict in the Derek Chauvin trial.