Judge lowers bail for Ruben Flores in Kristin Smart murder case
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Follow latest news on the Kristin Smart case and the arrests of Paul and Ruben Flores.
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The Arroyo Grande man accused of helping his son hide the body of Cal Poly freshman Kristin Smart had his bail lowered Wednesday during a hearing in San Luis Obispo Superior Court.
Ruben Flores, 80, is charged with accessory in the murder case against his son, 44-year-old Paul Flores. He appeared in court Wednesday via Zoom conference from the County Jail.
Both men pleaded not guilty at their arraignment Monday, when Superior Court Judge Craig van Rooyen ordered Paul Flores be held in San Luis Obispo County Jail without bail.
Ruben Flores’ bail was set at $250,000, and van Rooyen said Wednesday that under the law, he must be given a reasonably affordable amount of bail because he is not a flight risk or a risk to public safety.
Following brief arguments from both sides, van Rooyen lowered Ruben Flores’ bail to $50,000, which he said he believes Ruben Flores can afford.
“I believe that, based on the declarations related to the defendant’s finances, that he’s able to afford that,” van Rooyen said. “If that changes, I can revisit what he’s able to afford if you have different or additional information.”
Should he be released, Ruben Flores is required to follow all laws, remain in San Luis Obispo County, submit to electronic monitoring, and surrender his passport to the court.
Paul and Ruben Flores were arrested April 13 in San Pedro and Arroyo Grande, respectively, and the San Luis Obispo County District Attorney’s Office announced the criminal charges the following day.
District Attorney Dan Dow publicly alleged at a news conference that Paul Flores committed the murder during the commission of a rape or attempted rape.
Paul Flores was the last person seen with the then-19-year-old Smart before her disappearance. He faces a sentence of 25 years to life if convicted of first-degree murder.
Ruben Flores faces a maximum of three years if convicted, though it is not clear if that sentence would be served in County Jail or state prison.
Last week, van Rooyen approved a defense request for a gag order preventing parties involved — including county Sheriff Ian Parkinson and District Attorney Dow — from making any public statements regarding the proceedings outside the courtroom.
Investigators believe Kristin Smart’s body was moved from home
On Monday, court documents revealed for the first time that investigators believe Smart’s body was “recently” moved after being buried outside Ruben Flores’ Arroyo Grande home.
A Sheriff’s Office detective said in a county probation report that investigators “are in possession of biological evidence that makes them believe the victim was buried underneath (Ruben Flores’) deck at one time.”
Arguing for a bail increase at Monday’s arraignment, deputy District Attorney Christopher Peuvrelle called the $250,000 bail “woefully insufficient to protect public safety.”
Peuvrelle is quoted in probation reports as writing: “Additionally, due to the evidence gleaned from the excavation, it is reasonable to believe Ruben Flores currently knows the location of Kristin Smart’s remains. Should he be allowed bail, it is a virtual certainty that he would use his freedom to continue his attempts to help Paul Flores thwart the prosecution in this case and continue to hide her remains.”
Defense attorney Harold Mesick, who is representing Ruben Flores, had argued Monday for his client’s release on his own recognizance (without posting bail) and called the longtime Arroyo Grande resident “a fine, upstanding member in this community.”
He said that Ruben Flores has 40-year-old ties to Arroyo Grande, served on a U.S. Navy aircraft carrier, is involved in several nonprofit and volunteer positions in the area, and was a past reserve officer for the Redondo Police Department.
He’s also in poor health, Mesick said, noting he recently underwent triple-bypass surgery, suffers from diabetes and colitis, and is currently taking 17 different medications.
“He’s a medical nightmare for the jail,” Mesick said. “And I believe if he remains in custody for very much longer, this case will resolve, unfortunately, by his unnatural death.”
Van Rooyen said Monday that he planned to issue a reasonable bail amount for Ruben Flores.
On Wednesday, Mesick additionally told van Rooyen that Ruben Flores is ”bleeding” money, and has been forced to withdraw from his retirement accounts, which has subjected him to paying additional fees and penalties.
Following Wednesday’s hearing, Paul and Ruben Flores are scheduled to be back in court for routine hearings May 17 and June 21, and a preliminary hearing — which will feature testimony and evidence submitted in the case — is scheduled for July 6.
The preliminary hearing, during which van Rooyen will decide whether the prosecution has established probable cause to justify the charges in the case, is expected to take 12 full days of testimony, van Rooyen said.
This story was originally published April 21, 2021 at 2:37 PM.
