The ‘Arivaca Rules’ were broken on May 30, 2009

The early morning shooting deaths of Raul “Junior” Flores and his daughter, Brisenia, 9, on May 30, 2009, were a breach of the so-called “Arivaca Rules.”

Those rules, according to longtime Arivaca resident and drug dealer Oin Glenn Oakstar, were that the killing of a rival drug dealer was “business,” but that the rival drug dealer’s wife and children were off-limits. “Women and children are not part of it,” Oakstar testified. “There’s no reason to bring them into it.”

Oakstar testified Friday in the first-degree murder case of the founder the Minuteman American Defense founder Shawna Forde, who is also charged with the attempted first-degree murder of Gina Marie Gonzalez; one count of burglary in the first-degree; one count of aggravated assault, serious physical injury; one count of aggravated assault, deadly weapon/dangerous instrument; one count of armed robbery; and one count of aggravated armed robbery. If convicted on the two first-degree murder charges, Forde faces the possibility of the death penalty.

Oakstar’s story

Aerial view of Arivaca, Ariz.

Oakstar, 39, is currently in custody at the Pima County Adult Detention Center as the result of a probation violation. He testified that he was born in Arivaca and has lived in that southern Arizona community for most of his life. The exceptions were two prison sentences he served on drug-related charges in both state and federal prisons. Oakstar, who has never been married, is the father of four children.

Oakstar was asked by Deputy County Attorney Rick Unklesbay to describe the Arivaca he has known all of his life. “Rural is putting it mildly,” he said. It’s mostly ranchers, miners and drug smugglers. Almost the entire economy is based on illegal activities.”

Oakstar, who said he had been smuggling drugs since the age of 14, was asked if he had ever held a conventional job unrelated to the drug trade. “Legal employment, no,” he said. “Mostly, I would smuggle marijuana from Mexico into the U.S.”

Oakstar said he had met co-defendant Albert Gaxiola in 2008 shortly after Gaxiola had been released from prison. They had gone into business together. “We were moving marijuana ourselves,” he testified.

The first time was 1,200 lbs. and the second time was 600 lbs. The going rate for moving marijuana from Arivaca to Tucson was $12.50 per pound. “I did alright,” Oakstar said.

Just business

Raul Flores

Oakstar said Gaxiola considered Flores to be a rival in the drug business and they had started talking about eliminating him as competition in late 2008 and early 2009. “We thought we could hit him economically by taking his marijuana,” Oakstar testified. He said they stole 500 lbs. of marijuana Flores had stashed in an abandoned trailer in the 40 Acres area of Arivaca.

But, they soon began to consider other alternatives. “Once we had gone that far either he was going to kill us or we were going to kill him,” Oakstar testified. “Albert thought we should kill him. We discussed having it done by somebody else. We also discussed doing it ourselves.”

There was no discussion of harming the remainder the of the Flores family. “There was no reason to involve his family,” Oakstar testified. “This was business.”

Albert Gaxiola

Oakstar testified that Gaxiola had met Forde in May 2009. “He suggested inviting her down to help us with our problem,” he said.

When Forde showed up they went to Buffalo Ranch to check a stash house of another rival where Bush shot and killed the inhabitant. “He went in first shooting a shotgun,” Oakstar said. “He claimed the guy reached for a gun.”

Larsen asked if that body was dumped on the Flores property as a warning. Oakstar said he was not aware of that.

Planning session

The next time was a meeting at Gaxiola’s home. “There was discussion about taking out Junior,” Oakstar testified. Oakstar said Forde made it clear that she wanted to steal drugs as a mechanism for funding her border watch group. “Everybody pretty much knew that he didn’t keep drugs on the property,” he testified.

Oakstar said that meeting at Gaxiola’s home was the first time he met Jason Bush. “I had been told he had been a sniper in the military or a military group,” he said. It was at this meeting that Oakstar was asked to take them by the Flores home to get an idea of location and other logistical issues regarding a plan to kill Flores using a sniper.

Flores home on May 30

That scouting drive-by of the Flores home took place on Friday morning, May 29, in a teal minivan with Forde driving and Bush in the passenger seat. Oakstar crouched down to avoid being seen. Gonzalez testified earlier in the week that a male had been driving and a female was riding in the passenger seat. He also testified that they had driven by the home of Victor Flores, Junior’s brother, who Oakstar said was in the business of “moving people.”

The morning after

Oakstar was supposed to be part of the crew that did the home invasion, but he told Gaxiola that he was too drunk and high when Gaxiola came by to pick him up the night of May 29. Instead Oakstar said he spent the night with his girlfriend Sandy Somers-Stroup.  Early on the morning of May 30, he received a call with the news of the Flores home invasion. “Automatically, I assumed it was Shawna and Jason,” he said.

The next call was from Gaxiola who asked him to take painkillers and antibiotics to his house because Bush had been wounded the night before. Oakstar delayed going to Bush’s aid until he received another call, this time from Shawna Forde who he asked about the home invasion. “She said things just got all fucked up,” he said. “They had to go back to get a gun that Albert dropped and they had gotten into a firefight with his wife.”

When Oakstar got to Gaxiola’s home, Bush was alone in the bedroom, but he was reluctant to go in. “A voice in the back of my head said it was dangerous,” he testified. “I didn’t know if I was going to walk out of there alive.” He testified that Bush had a hand under the blanket where he assumed was a gun.

Long arm of the law

After dropping off the painkillers Oakstar was arrested by the Pima County Sheriff’s Department as he walked back to Stroup’s home. A search of Stroup’s home revealed a .357 handgun, a 12-gauge shotgun and a SKS assault rifle.

Oin Glenn Oakstar taken into custody on May 30

Initially, Oakstar lied to detectives upholding the snitcher’s code. “I had never snitched before,” he said. Oakstar was arrested on a charge of possession of a deadly weapon by a prohibited possessor, a charge that could result in up to 15 years in prison. After a few months in custody, Oakstar was granted a “free talk” with investigators, which led to a plea agreement in exchange for his testimony. “If you make them (the prosecutors) happy, you think they will make you happy,” said Larsen during cross-examination.

Larsen proceeded to get Oakstar to admit to problems with alcohol, drugs and his mental health including hallucinations where he hears voices that aren’t really there.

© David S. Ricker, all rights reserved

Jason Bush: The army veteran who really isn’t

The defense in the first-degree murder trial for Minuteman American Defense leader Shawna Forde succeed Thursday is getting two prosecution witnesses to confirm that co-defendant Jason Bush portrayed himself as a veteran of the U.S. Army. In reality he never served in the military that anyone has been able to determine.

Forde, 43, is charged with two counts of first-degree felony murder in the deaths of Raul “Junior” Flores and his daughter, Brisenia, 9, as well as the attempted first-degree murder of Gina Marie Gonzalez; one count of burglary in the first-degree; one count of aggravated assault, serious physical injury; one count of aggravated assault, deadly weapon/dangerous instrument; one count of armed robbery; and one count of aggravated armed robbery. If convicted on the two first-degree murder charges, Forde faces the possibility of the death penalty.

The surprise witness

The first witness to testify Thursday to the jury of two males and 14 females was Wednesday’s “surprise” witness, Melinda Shelton. She recently took back her maiden name of Williams following a divorce.

Jason Bush

In the weeks leading up to the May 30, 2009, home invasion in Arivaca Bush and Williams had been living together in the community of Meadville near Kingman. They had met at work at the Grand Canyon Skywalk where Williams was a sales supervisor and Bush performed maintenance at the tourist attraction. Williams admitted under cross-examination by defense attorney Eric Larsen that she had left her husband for Bush because she had fallen “head-over-heels” in love.

Under direct examination, Williams told Deputy County Attorney Rick Unklesbay that Bush talked often about prior military service. “He said he had been in the military, secret service,” she said.

Bush was terminated from his job at the Skywalk early in 2009 because he was wanted on a probation violation. “He said he was re-enlisting,” she said. “I came home from work one night and he said he was leaving today. He said somebody was going to pick him up.”

The person who picked Bush up was the defendant the last week in May 2009. “It was around 11 o’clock that night,” she testified. “Jason said this is Shawna.” Williams had never met her before that night.

Williams described Forde as blond, sort of chunky and blue eyes. “They are as blue as mine,” she said.

Forde and Bush drove off after a tearful farewell in a burnt orange Honda Element with license plates from Washington state. Bush returned to Meadville, un-expectantly in the early morning hours of June 10, 2009. “I heard a knock on the door,” Williams testified. “He said he received a ride and they had turned the lights off so as not to wake me up.”

Soon after his arrival home, Williams knew things were not right. “He had a bullet hole in his leg,” she testified.  

While Bush was away, he and Williams had kept in touch via cellphones. They shared a calling plan. The other thing Bush shared with her was debt as a result of bills for a trip to Idaho to retrieve some of his belongings. “Some fraudulent money orders had been deposited in my bank account,” she said.

The medic

Chuck Stonex

The other witness who testified about Bush’s alleged military ties was Minuteman Charles “Chuck” Stonex, a retired contractor who lives in New Mexico. Stonex and Forde had become acquainted during a border watch operation near Three Points in October 2008. Following that operation Stonex and Forde had maintained constant contact via cellphone and text messages.

On May 30, 2009, Stonex was attending a cookout near Hereford when Forde seeking his assistance contacted him. “She called me about 8 a.m.,” Stonex testified. “She told me they had been near Douglas the night before and one of her guys took a hit. She said it was Gunny.”

Stonex suggested they seek medical attention at a hospital, but Forde said that was not a practical option, as Bush didn’t have funds to cover the cost. Forde encouraged Stonex to attend the picnic and then head to Arivaca, which he did around 6 p.m. It was at that picnic that Stonex first met Laine Lawless, who went on to become a Forde supporter. “She gave me the impression she would like to meet her,” he testified.

Lawless followed Stonex to Arivaca where they met Forde in a teal minivan at the Arivaca Mercantile. “We went to a little house (co-defender Albert Gaxiola’s) where they found Jason Bush,” Stonex testified. “I knew him as Gunny.”

As they entered the house Shawna “called out some kind of a password.” Stonex cleaned the wound that was an “inch wide, and two inches long.” “I compare it to a 10 year-old doing a crash and burn at home plate,” Stonex suggested. “Shawna said the hardest part was to get the bleeding stopped.”

Stonex said they had been jumped by a group of border bandits. “Bush said it was one of the fastest guns he had ever heard,” he testified. “He said he was kneeling behind a Bush and caught a ricochet. She kind of collaborated (sic) his story.”

Lawless noticed a broken military flashlight and banana-style ammunition clip that Bush said “saved my ass as they had taken bullets.”

Forde chimed in that they should see Bush in camouflage including his face. “You ought to see how scary he is with his face blacked out,” Stonex recalled Forde saying.

Flowers

The morning of May 31, television news reported the home invasion in Arivaca. Stonex sent a text message or email to Forde suggesting that the Minutemen send flowers to the victims. That text went unanswered. “Minutemen get a bad rap. I thought is would be a good show,” he said.

Stonex testified that he met with Forde and Bush later on May 31 at a motel near I-19 and Ajo Way. They talked a while and Stonex found that Forde had secured a prescription for Bush. Also, bush showed him “his souvenir” a .40 caliber hollow-point bullet from his leg wound.

After dinner they talked about engaging in border watch activities. “They said there were two beds in their room and that I was welcome to use one of them,” he said.

As an army veteran, Stonex was asked about his impressions of Bush’s military skills. “He was extremely convincing,” he said.

Stonex said he asked Bush about his Marine Corp nickname “Gunny” since he said he was an army veteran. “He said it sounded more prestigious,” Stonex testified.

Finally, Stonex confirmed that many of the times he had called Forde’s cellphone that Bush had answered and that he had observed Bush answering her phone when he tended to his wounds in Arivaca.

Friday’s star witness

Witnesses on Friday will be mostly law enforcement officer and technicians with the exception of Oin Oakstar, an Arivaca resident who was a rival of Raul Flores and reportedly helped plan the home invasion, but did not participate in the crime. Oakstar will likely be the first or second witness as court starts at 9 a.m.

© David S. Ricker, all rights reserved

Forde supporter attempts to sneak into courtroom

Lawless speaking with 
Judge Leonardo.

An ardent supporter of accused murder Shawna Forde violated a court order this morning when she entered the courtroom of Judge John S. Leonardo at Pima County Superior Court.

Earlier this week just before opening statements in the case, all subpoenaed witnesses were ordered to remain outside the courtroom until they are called to testify. One of those subpoenaed witnesses was Laine Lawless, who operates a website called Justice for Shawna Forde and advocates on her behalf in some media circles.

On Tuesday, Lawless objected to being ordered from the courtroom. “I was told I was not going to be a witness,” she said.  To which Judge Leonardo replied: “If you expect to be a witness you should not be discussing your testimony with anyone.”

Lawless stated on Tuesday: “I have not discussed any potential testimony,” and left.

This morning, she returned with a couple of bags of clothing, which she provided to defense counsel Jill Thorpe. After the first witness had testified and the second witness of the day, Melanie Aranda, Forde’s sister, was being questioned by Deputy County Attorney Kellie Johnson, a woman with the facial features of Lawless with black hair that looked like a wig, wearing a black overcoat entered the courtroom and sat down behind detectives. Lawless’ normal hair color is white.

Representatives of local media were about to call her presence to the attention of court officials when a detective turned around and realized who it was. He got the attention of Deputy County Attorney Rick Unklesbay who asked the court to stop proceedings.

The jury was led from the courtroom and Judge Leonardo was informed of the situation. “Ms. Lawless is standing here in some sort of disguise,” Unklesbay said.

Leonardo questioned Lawless as to why she was in apparent violation of his earlier order regarding witnesses. “I am a citizen reporter and have First Amendment rights to be here as any other reporter here,” Lawless said.

Leonardo questioned counsel as to whether Lawless was still under subpoena. “We have an agreement with the state that she remain under subpoena,” said defense attorney Eric Larsen.

Johnson informed Leonardo that she had received an email from Lawless asserting her right to be present in the courtroom during trial. “Despite what she may believe we have not made any decisions as to whether she would be called as a witness,” she said.

Unklesbay told the court that the previous witness had mentioned to him that Lawless had been discussing the case in the hallway outside the courtroom with another individual prior to her summons to the courtroom to testify. He asked Leonardo to order Lawless to not come to the courthouse unless she was summoned to testify in the case. Larsen added that she be ordered from blogging about the case or doing radio interviews as well. “She has had conversations with my client at the jail about daily court events,” he said.

Leonardo agreed to the requests by the lawyers and ordered Lawless not to come to the courthouse unless she was informed she would be testifying. He also reiterated his earlier order to not discuss her testimony. Lawless asked if he was issuing gag order. “You may call it what you want, but that is my order,” Leonardo said.

Lawless escorted out 
of the courtroom.

Detectives, who had investigated the homicides that are the subject of the court proceeding, then escorted Lawless from the courtroom and the courthouse.

Surprise witness who wasn’t a complete surprise

The afternoon session of the first-degree murder trial for Shawna Forde at Pima County Superior Court began on an acrimonious note.

Forde after her arrest.

Forde, 43, is charged with two counts of first-degree felony murder in the deaths of Raul “Junior” Flores and his daughter, Brisenia, 9, as well as the attempted first-degree murder of Gina Marie Gonzalez; one count of burglary in the first-degree; one count of aggravated assault, serious physical injury; one count of aggravated assault, deadly weapon/dangerous instrument; one count of armed robbery; and one count of aggravated armed robbery. If convicted on the two first-degree murder charges, Forde faces the possibility of the death penalty.

Surprise

The prosecution had informed the defense, at the recess of court on Tuesday that they intended to call Arivaca resident Byron Easter as a witness on Wednesday. After the lunch recess, the state informed the defense that Easter was being withdrawn as a witness and that they were instead going to call Melinda Shelton, a former girlfriend of co-defendant Jason Bush.

Defense attorney Eric Larsen told Judge John S. Leonardo that most of the pretrial interviews with witnesses had taken place last summer and that Shelton could not be located. “She couldn’t be found,” he said.

It was left, last summer that if Shelton turned up the state would notify the defense. Apparently, Shelton turned up a couple of weeks ago. “They did bother to tell us,” Larsen said. “We’ve done nothing on her because she couldn’t be found.”

Deputy County Attorney Rick Unklesbay told the court that Larsen was mistaken. “They knew as of yesterday, that Melinda Shelton was testifying today,” he said.

Leonardo precluded testimony from Shelton until Thursday in order to allow a defense interview after court on Wednesday.

Medical examiner

Dr. David Winston

Dr. David Winston of the Pima County Medical Examiner’s Office that Raul told the jury “Junior” Flores died of six gunshot wounds and that Brisenia Flores died of two gunshot wounds. A toxicology screen of Raul Flores blood showed metabolites of marijuana and oxycodone.

One of Raul’s six wounds was to his head while both of Brisenia’s wounds were to her head. One entered at her nose and exited the rear of her skull and the other entered her left cheek and exited behind her right ear. That wound showed burns around the edge that provided Winston with additional clues. “The barrel of the gun was up against her cheek when it was discharged,” Winston testified.

Sgt. Jill Murphy

After Winston, the state called Sgt. Jill Murphy of the Pima County Sheriff’s Department to the stand. Murphy was recently promoted to sergeant and is now assigned to uniformed patrol duties. At the time of the Flores home invasion, Murphy was assigned to the Homicide Unit and part of the investigative team for the double homicide.

Murphy was the lead investigator looking for evidence inside the Flores home. Murphy’s team photographed the bodies as they were found as well as expended shell casings and holes in furniture and walls. A number of these photos were showed to the jury.  A total of 15 .45 caliber shell casings were found as well as two .40 caliber shell casings. There were also a number of shotgun pellets and wadding retrieved from the refrigerator. A rifle was also found behind the front door of the home. Murphy also found three bundles of cash in the master bedroom.

Gaxiola a suspect

Following a June 1, 2009, interview with Gina Gonzalez at the hospital, murphy and other detectives went to the home of co-defendant Albert Gaxiola. Outside of the Gaxiola home were three vehicles including a blue Astro van. “I was able to see what appeared to be a blood smear on the outside,” Murphy said. I saw staining which to me appeared to be blood on the inside of the van.”

In a closet of the Gaxiola home were camouflaged fatigues with the name “Bush” on the right breast area. There was also a Department of Defense identification card in the name of Jason Bush.

Murphy also disclosed that a silver grinder was found in the kitchen containing the remenants of marijuana seeds.

Murphy was asked on cross-examination whether Gonzalez had mentioned a wig or the change of clothes on the female home invader during her June 1. Murphy confirmed that Gonzalez had not said anything.

Early contact

The final witness of the day was Det. Howard Anderson with the Pima County Sheriff’s Department. In May 2009, Anderson was a uniformed patrol deputy assigned to the Green Valley District, which included Arivaca.

Four days prior to the home invasion, Anderson was in Arivaca parked across the street from the Arivaca Mercantile observing the comings and goings of the local population. Anderson reported he observed a burnt orange Honda Element with license plates from Washington state pull up to the mercantile. A male and female went into the store and came out a short time later.

The Honda pulled up to Anderson’s patrol vehicle and a woman identifying herself as Shawna Forde introduced herself as working with a minuteman group. “She indicated they would be there throughout the summer,” he said.

Anderson identified a picture of Forde with blond hair but could not identify the defendant in the courtroom. He also could not identify a picture of Bush as the male in the vehicle, but said he looked similar to the picture.

Thursday’s lineup

Prosecution witnesses anticipated on Thursday include: Melinda Shelton, Chuck Stonex, Melanie Aranda (Forde’s sister), several detectives and possibly Oin Oakstar.

© David S. Ricker, all rights reserved

Cross-examination of Gina Gonzalez continued Wednesday morning

During testimony on Tuesday afternoon, the lone survivor of the May 30, 2009, deadly home invasion at Arivaca told a Pima County Superior Court jury, yesterday afternoon, that she didn’t fear the worse for her husband and daughter because “I knew they were dead.”

Defense attorney Eric Larsen asked Gina Gonzalez if seeing her husband, Raul “Junior” Flores and her daughter Brisenia overwhelmed her, killed by home invaders. “It still does,” she testified.

The first-degree murder trial for Minuteman American Defense leader Shawna Forde continued this morning with additional cross-examination by Larsen.

Forde, 43, is charged with two counts of first-degree felony murder in the deaths of Raul “Junior” Flores and his daughter, Brisenia, 9, as well as the attempted first-degree murder of Gina Marie Gonzalez; one count of burglary in the first-degree; one count of aggravated assault, serious physical injury; one count of aggravated assault, deadly weapon/dangerous instrument; one count of armed robbery; and one count of aggravated armed robbery. If convicted on the two first-degree murder charges, Forde faces the possibility of the death penalty.

The Flores family

Yesterday, Deputy County Attorney Kellie Johnson asked Gonzalez about her marriage and family. She said that she and her husband had been married for 13 years. Besides Brisenia, who she said was 10 years old instead of the 9 years-old as has been reported, her other daughter was Alexandra, who is now 14 years-old.

During cross-examination Gonzalez cleared up an apparent misconception by defense counsel who have referred to her having a “common law” marriage. “We were married,” she testified. “Nobody asked me.”

Gonzalez used a diagram of her trailer home to explain to the jury where rooms were located as well as doors. She talked about her jobs at the Arivaca Mercantile and the Arivaca Community Center.

Brisenia Flores

In the afternoon of May 29, Gonzalez testified that the family had gone to Tucson to purchase groceries and other items. “Brisenia needed new shoes as she was starting summer school,” she testified.

When the family returned home they prepared to go to bed. Gonzalez and her husband were in their bedroom while Brisenia settled down on the couch in the living room because she wanted to sleep with her new puppy. “I had washed the sheets on her bed,” implying that the dog was not allowed in Brisena’s bedroom.

Rude awakening

Shortly before 1 a.m., Raul Flores awakened Gina. “Raul was standing by the bed looking out the window,” she said.

Flores told his wife to get dressed and he went out to turn on lights before answering the door. “I sat on the couch next to Brisenia,” Gonzalez said. Brisenia was still asleep.

When Flores opened the door, a female said they were looking for fugitive and needed to search their home. Flores said he needed to put on some pants before allowing them into his home. “She tells him to open the door or we’re going to shoot you,” Gonzalez testified.

Flores sat on a second couch when the female and a tall male armed with a rifle and handgun entered their home. “He was tall. He was white. His face was painted black and his hair was really weird,” she testified.

Their first concern was the location of Brisenia’s sister Alexandra. Then the female became impatient when Flores asked questions. “She was telling us to shut up and be quiet,” Gonzalez testified.

Eyewitness

Gonzalez was asked to describe the female. “She was short and heavy set,” she testified. “She moved her hair away from her face. It was brownish.”

Forde in camouflage and a ponytail.

camouflagecamouflageDuring cross-examination Gonzalez revealed for the first time that she felt the female home invader was wearing a wig the first time she came into her and was not wearing a wig that second time. This morning, Gonzalez insisted she had informed investigators about her observation. “I remember telling detectives about it,” she testified. She said her mother and sister remember her talking about a wig, however transcripts of her statements to law enforcement show no comments about a wig. “There were two times they talked to me without tape recorders.”

Gonzalez was asked, Tuesday afternoon, if the woman in her house was in the courtroom. “She’s sitting over there,” pointing to the defense table. “The one with the glasses on. I don’t know her and I can’t say she’s the person that came into my house.”

This morning, under cross-examination Gonzalez was asked about a lineup of pictures she had testified about in a pretrial hearing earlier this month. At that earlier hearing, Gonzalez had picked out the picture of a person she knows in the Arivaca community, but the set of pictures she was shown this morning did not include that picture. “There must have been other pictures,” she said. “This one doesn’t have Stacey.”

This morning Gonzalez said that picture number two was the person you came into her house. Number two was not verbally identified. Then, she admitted that she has trouble identifying people. Larsen asked Gonzalez why she had informed the lead detective on the case in December that Forde was the person in her house, yet two weeks ago she was unable to make that identification. “I assumed that because she was in custody they knew what they were doing and they got it right,” she testified.

Don’t take this personal

Jason Bush

Just before Flores was shot to death the male gunman apologized. “Don’t take this personal,” Gonzalez testified. “But, this bullet has your name on it.”

At that point, Flores stood up and had a brief struggle with the gunman. When shots were fired Gonzalez jumped up attracting the attention of the gunman who fired at her. “I ducked down,” she said.

Gonzalez was struck in the right shoulder and in the upper portion of her right leg. The bullet causing surgeons to insert a rod from her hip to her knee fractured her femur. Gonzalez fell to the floor after being shot landing in front of the couch where Brisenia was starting to wake up. “Junior yelled at him to stop shooting,” she said. That’s when the gunman resumed shooting at Flores killing him. “I hear Junior hit the couch saying no, no.”

The next sounds she heard was gurgling which told her he was going to die. Then the female home invader starting yelling about the items they came for were missing. “Everything’s clean,” Gonzalez testified. At that point, two additional males entered the home speaking Spanish. She identified the voice of one of those men as co-defendant Albert Gaxiola. She could not identify the fourth man.

A mother’s grief

Brisenia then asked why her father and mother had been shot. “He said everything will be okay,” Gonzalez testified. “She was really scared and her voice was shaking.”

At that point, the gunman calmly reloaded the clip for his handgun as Brisenia watched. “I could hear her telling him please don’t shoot me,” Gonzalez testified. “I saw her fly back on the couch after I heard the first shot.”

After the home invaders left, Gonzalez looked up from the floor to where her daughter was on the couch. “She was shaking,” she testified. “I was telling her not to die on me, but she was choking on her own blood.”

Gonzalez found a phone and hopped on one leg to the kitchen to find her husband’s gun. At that point the female returned dressed differently, her camouflage jacket removed so that she looked more like a Border Patrol agent dress in all green and with her hair in a ponytail. “She looked at me like she had seen a ghost,” she testified. “The gun then comes in and starts shooting at me. I saw bullets hitting the washer and dryer.”

One of her return shots apparently hit home. “I heard him cussing,” Gonzalez testified.

Gonzalez reviewed pictures of jewelry, both Tuesday and today that had been found in Forde’s possession at the time of her arrest.

Denials

Under cross-examination yesterday, Gonzalez denied that her husband was making money by selling marijuana. She also denied there were packaging materials for marijuana in her home. This morning, Larsen asked Arivaca resident Inga Hartman if she was aware that Raul Flores was a drug dealer. “Yes,” was her answer. She was asked if Gina had told her that Raul was a drug dealer. “No,” she testified.

And, Gonzalez said, Tuesday, she was not aware of a secret stash of drug money in her home when asked about a hiding place in her bedroom. “I thought he (Junior) kept dirty magazines and stuff in there,” she testified.

A large sum of cash was found under the mattress in the master bedroom after the incident. Gonzalez had testified that she had placed it there after Raul had given it to her Friday evening. Today she revealed it was $3,000 that she had intended for bill payments during their trip to Tucson on Friday afternoon.

Gonzalez admitted, Tuesday, she had a brother in prison, but was unaware of the charges he was convicted on. She denied that she had a sister killed in a drug-related incident.

Albert Gaxiola

As for the relationship between her husband and Albert Gaxiola, Gonzalez testified that they had clashed over Gaxiola storing marijuana on their property. She also testified that she had seen a teal colored Astro van driving slowly by her home earlier in the day with a male driver and a female passenger. That van was later located at Gaxiola’s house along with blood in the van and outside of Gaxiola’s home that matched the blood found at the Flores home. That blood was matched to Jason Bush.

© David S. Ricker, all rights reserved

Was Shawna Forde wearing a wig during the Arivaca home invasion?

For the first time we and the jurors heard from the lone survivor in the Arivaca home invasion on May 30, 2009.

As I wrote for the Jan. 26 edition of the Green Valley News and its affiliates: The first-degree murder trial for Minuteman American Defense leader Shawna Forde in connection with the May 30, 2009, Arivaca home invasion began Tuesday morning with the prosecution painting a picture of events that the defense said didn’t really happen as they have been portrayed.

Shawna Forde

Forde, 43, is charged with two counts of first-degree felony murder in the deaths of Raul “Junior” Flores and his daughter, Brisenia, 9, as well as the attempted first-degree murder of Gina Marie Gonzalez; one count of burglary in the first-degree; one count of aggravated assault, serious physical injury; one count of aggravated assault, deadly weapon/dangerous instrument; one count of armed robbery; and one count of aggravated armed robbery. If convicted on the two first-degree murder charges, Forde faces the possibility of the death penalty.

State’s case

In her opening statement, Deputy County Attorney Kellie Johnson told the jury of two men and 14 women that it was shortly before 1 a.m. on May 30, 2009, that Gina was asleep in the bedroom, her husband Raul was awake watching television and one of their two daughters, Brisenia, was asleep in the living room with her puppy because the dog was not allowed into her bedroom. The other daughter was on a sleepover at her grandmother’s home in Sahuarita.

Gina was awakened by Raul. “I think the police are here,” Johnson said Raul had told his wife. While Gina dressed Raul went to the door where a short, stocky female with blond hair confronted him. Raul told the female he needed to get dressed before letting them in, but was told, “If you move from the door I will shoot you.”

Raul opened the door to the female and a tall male carrying a long gun. “Raul started to ask the two about identification and badges when the tall male said ‘Don’t take this personally’ before he shot Raul. At that point, Gina was shot in the leg and the chest. Gina pretended to be unconscious when she heard additional people enter her home. “People started rummaging through the house,” Johnson said.

Then Gina heard the female declare: “There’s nothing here. We’ve hit the wrong house.”

Contact gunshot

Brisenia and Raul Flores

Brisenia then awoke and started asking the camouflaged home invaders about her mother and father who lay on the floor with gunshot wounds. “Gina hears the sound she feared the most gunshots,” Johnson told the jury.

At that point, the home invaders had gone outside the home and Gina managed to get to the phone to summon help via 9-1-1. “The female comes back in the house,” Johnson said. “She turns and says to the others you left her alive.”

While Gina was talking to the 9-1-1 operator she managed to locate one of Raul’s handguns and a firefight ensued between her and the tall male who was wounded. Johnson told the jury they would hear that 9-1-1 call and the gunshots between Gina and her attackers.

Johnson said that due to the remote location of the Flores home in Arivaca that it took forever for emergency responders to reach the scene. Johnson said that Raul was shot a number of times and Brisenia was shot twice in the head. “One of the wounds to her face was a contact gunshot wound,” Johnson described. “The gun was pressed to her face when the trigger was pulled.”

Johnson declared to the jury that the female in the Flores home and the female “barking orders” to the others was Shawna Forde. 

Defense perspective

Not so fast, said defense attorney Eric Larsen. “When Gina Gonzalez testifies this afternoon it will be the first time we will have heard all of the details of the horrific experience she went through,” he said.

Gina Gonzalez

Larsen reminded the jurors that while they may have sympathy for Gina Gonzalez and her family that they need to keep their emotions in check. “The trial is a search for what actually happened,” he said “Your job is to be free of compassion.”

Larsen then repeated a position he had made clear last week during jury selection. “Shawna Forde was not involved in this crime,” he said. “The state’s case looks good as an umbrella, but it has a lot of holes.”

Larsen said the state has no witnesses or scientific evidence that put his client at the Flores home. “The state will present you with no witnesses that will put her in that home on May 30,” he said. “The only witness you will hear from about the events in that home will be Gina Gonzalez.”

Larsen said that Gonzalez has not been able to positively identify the female who entered her home that fateful night. “Gina Gonzalez eliminates Shawna Forde as being the person in that home,” he added.

Other witnesses

The jury also heard about many of the witnesses they will hear from during the trial. They range from FBI informants in Colorado to an Arivaca resident Oin Oakstar who participated in planning the home invasion, but told his partners he was too drunk and high to accompany them to the Flores home the night of May 29-30.

Albert Gaxiola

Johnson told the jury that co-defendant Albert Gaxiola called Oakstar the day after the shooting asking him to come to his home where co-defendant Jason Bush was in need of medical treatment for a gunshot wound. Johnson said Forde was there when he arrived. “Shawna tells Oin it all went to hell,” referring to the home invasion the night before.

Oin was later taken into custody on weapons charges as he was a prohibited possessor having been previously convicted of a crime. Johnson said Oin initially lied to investigators until he eventually negotiated a plea agreement on the gun charges. “You aren’t going to like him,” she said.

Larsen seconded that notion during his opening statement. “He received a sweetheart deal and a walk on a homicide that he planned,” he told the jury. “He spent a few hours with these three people (referring to Johnson, Deputy County Attorney Rick Unklesbay and Det. Juan Carlos Navarro) at the state’s table saying everything thing they wanted to hear,” he added.

Larsen concluded by telling the jury that Gina Gonzalez has been conditioned to believe that Shawna Forde killed her husband and daughter. “She has been told that Shawna Forde did it,” he said. “She has observed her on video and in the courtroom.” Larsen said the jury would hear from an expert witness regarding the fallibility of witness identifications.

I also wrote for the Green Valley News: The lone survivor of the May 30, 2009, deadly home invasion at Arivaca told a Pima County Superior Court jury, yesterday afternoon, that she didn’t fear the worse for her husband and daughter because “I knew they were dead.”

Defense attorney Eric Larsen asked Gina Gonzalez if seeing her husband, Raul “Junior” Flores and her daughter Brisenia overwhelmed her, killed by home invaders. “It still does,” she testified.

During the afternoon session, yesterday, the prosecution first called 9-1-1 call taker Tanya Remsburg, who took the called from Gina Gonzalez shortly before 1 a.m. on May 30, 2009. As a part of her testimony an edited version of the call was played for the jury.

Remsburg asked Gonzalez a number of questions as they were awaiting the arrival of law enforcement and emergency medical personnel. It was apparent that Gonzalez was growing impatient with being asked to answer Remsburg’s questions.

Shots fired

Then we heard Gonzalez say on the call recording that the home invaders were coming back into her home. Several gunshots were then heard, as well as Gina using expletives to urge the home invaders to leave her home followed that. “They shot my husband and they shot my daughter and they shot me,” she said on the call recording.

After listening to the 9-1-1 recording, prosecutors called Border Patrol Agent Donald Williams to testify. Williams was one of the first law enforcement officers to arrive at the Flores home and entered the home with a deputy from the Pima County Sheriff’s Department.

Williams testified that he observed Raul Flores sitting on a couch in the living room. “It was pretty obvious that he was dead,” he said, basing his observation on his experience at a medic with the army national guard. “I saw the daughter laying on the couch and it was obvious she was dead.”

When Williams reached Gonzalez, he nudged her handgun away and observed a modified AK-47 lying on the stove in the kitchen. Williams then left the home to track sets of footprints away from the Flores home.

The Flores family

Initially, Deputy County Attorney Kellie Johnson asked Gonzalez about her marriage and family. She said that she and her husband had been married for 13 years. Besides Brisenia, who she said was 10 years old instead of the 9 years-old as has been reported, her other daughter was Alexandra, who is now 14 years-old.

During cross-examination Gonzalez cleared up an apparent misconception by defense counsel whop have referred to her having a “common law” marriage. “We were married,” she testified. “Nobody asked me.”

Arivaca Mercantile

Gonzalez used a diagram of her trailer home to explain to the jury where rooms were located as well as doors. She talked about her jobs at the Arivaca Mercantile and the Arivaca Community Center.

In the afternoon of May 29, Gonzalez testified that the family had gone to Tucson to purchase groceries and other items. “Brisenia needed new shoes as she was starting summer school,” she testified.

When the family returned home they prepared to go to bed. Gonzalez and her husband were in their bedroom while Brisenia settled down on the couch in the living room because she wanted to sleep with her new puppy. “I had washed the sheets on her bed,” implying that the dog was not allowed in Brisena’s bedroom.

Rude awakening

Shortly before 1 a.m., Raul Flores awakened Gina. “Raul was standing by the bed looking out the window,” she said.

Flores told his wife to get dressed and he went out to turn on lights before answering the door. “I sat on the couch next to Brisenia,” Gonzalez said. Brisenia was still asleep.

When Flores opened the door, a female said they were looking for fugitive and needed to search their home. Flores said he needed to put on some pants before allowing them into his home. “She tells him to open the door or we’re going to shoot you,” Gonzalez testified.

Flores sat on a second couch when the female and a tall male armed with a rifle and handgun entered their home. “He was tall. He was white. His face was painted black and his hair was really weird,” she testified.

Their first concern was the location of Brisenia’s sister Alexandra. Then the female became impatient when Flores asked questions. “She was telling us to shut up and be quiet,” Gonzalez testified.

Eyewitness

Gonzalez was asked to describe the female. “She was short and heavy set,” she testified. “She moved her hair away from her face. It was brownish.”

During cross-examination Gonzalez revealed for the first time that she felt the female home invader was wearing a wig the first time she came into her and was not wearing a wig that second time.

Gonzalez was asked if the woman in her house was in the courtroom. “She’s sitting over there,” pointing to the defense table. “The one with the glasses on. I don’t know her and I can’t say she’s the person that came into my house.”

Just before Flores was shot to death the male gunman apologized. “Don’t take this personal,” Gonzalez testified. “But, this bullet has your name on it.”

At that point, Flores stood up and had a brief struggle with the gunman. When shots were fired Gonzalez jumped up attracting the attention of the gunman who fired at her. “I ducked down,” she said.

Gonzalez was struck in the right shoulder and in the upper portion of her right leg before falling to the floor in front of the couch where Brisenia was starting to wake up. “Junior yelled at him to stop shooting,” she said. That’s when the gunman resumed shooting at Flores killing him. “I hear Junior hit the couch saying no, no.”

The next sounds she heard was gurgling which told her he was going to die. Then the female home invader starting yelling about the items they came for were missing. “Everything’s clean,” Gonzalez testified. At that point, two additional males entered the home speaking Spanish.

A mother’s grief

Brisenia then asked why her father and mother had been shot. “He said everything will be okay,” Gonzalez testified. “She was really scared and her voice was shaking.”

At that point, the gunman calmly reloaded the clip for his handgun as Brisenia watched. “I could hear her telling him please don’t shoot me,” Gonzalez testified. “I saw her fly back on the couch after I heard the first shot.”

After the home invaders left, Gonzalez looked up from the floor to where her daughter was on the couch. “She was shaking,” she testified. “I was telling her not to die on me, but she was choking on her own blood.”

Jason Bush

Gonzalez found a phone and hopped on one leg to the kitchen to find her husband’s gun. At6 that point the female returned dressed differently and with her hair in a ponytail. “She looked at me like she had seen a ghost,” she testified. “The gun then comes in and starts shooting at me. I saw bullets hitting the washer and dryer.”

One of her return shots apparently hit home. “I heard him cussing,” Gonzalez testified.

Gonzalez reviewed pictures of jewelry that had been found in Forde’s possession at the time of her arrest.

Denials

Then cross-examination started. Gonzalez denied that her husband was making money selling marijuana. She also denied there were packaging materials for marijuana in her home. And, she said she was not aware of a secret stash of drug money in her home when asked about a hiding place in her bedroom. “I thought he (Junior) kept dirty magazines and stuff in there,” she testified.

Gonzalez admitted she had a brother in prison, but was unaware of the charges he was convicted on. She denied that she had a sister killed in a drug-related incident.

As for the relationship between her husband and Albert Gaxiola, Gonzalez testified that they had clashed over Gaxiola storing marijuana on their property. She also testified that she had seen a teal colored Astro van driving slowly by her home earlier in the day with a male driver and a female passenger. That van was later located at Gaxiola’s house along with blood in the van and outside of Gaxiola’s home that matched the blood found at the Flores home. That blood was matched to Jason Bush.

© David S. Ricker, all rights reserved.