Pool photo by Dean Knuth
Arizona Daily Star
On March 25, the jury returned guilty verdicts against Bush, 36, on two counts of first-degree murder in the May 30, 2009 deaths of Raul “Junior” Flores and his daughter, Brisenia, 9, at their home in Arivaca. The jury sentenced him to death on the two first-degree murder counts on April 5.
The jury further found on March 25 that the murders were premeditated and were also committed while Bush was engaged in other felony activities, including 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.
Sentences imposed Monday:
• Count 3—burglary in the first degree—21 years, to be served consecutively to the death penalty sentences imposed by the jury in counts 1 and 2.
• Count 4—attempted first-degree murder—21 years to be served consecutively to the sentences imposed by the jury in counts 1 and 2.
• Count 5—aggravated assault, serious physical injury—15 years to be served consecutively the sentences imposed by the jury in counts 1 and 2.
• Count 6—aggravated assault with a deadly weapon—15 years to be served concurrently with the sentence imposed for count 5.
• Count 7—armed robbery—21 years to be served consecutively to the sentences imposed by the jury in counts 1 and 2.
• Count 8—aggravated robbery—15 years to be served concurrently to the sentence imposed for count 7.
On the issue of restitution, Leonardo granted the prosecution a few days in order to submit an affidavit listing the losses incurred by Gonzalez and her family. After the hearing, Gonzalez stated that her restitution request was for $11,848.
During the hearing, Bush’s counsel, Chris Kimminau declined to address the court on behalf of his client. When asked by Leonardo if he had anything to say, Bush started to address the issue of restitution. “Restitution?” he said. “Get real. I’m going to death row.” At that point, Kimminau asked his client to cease speaking.
Co-defendant Albert Robert Gaxiola is scheduled to begin trial with jury selection before Leonardo on June 1.