More slaying scene evidence is linked to Shawna Forde

Published 10:33 pm Tuesday, December 1, 2009

EVERETT — When she was arrested on double murder charges in June, border-watch activist Shawna Forde allegedly had jewelry owned by a woman who was shot but survived a deadly Arizona home-invasion robbery, according to court documents.

Meanwhile, genetic tests reportedly have linked Forde’s two co-defendants to evidence found at the Arivaca, Ariz., home where the robbery occurred and a man and his young daughter were killed.

Pima County, Ariz., prosecutors detailed the allegations in court papers filed Nov. 13 in Tucson.

They are seeking the death penalty for Forde, a self-described Minutemen leader from Everett, as well as co-defendants Jason Bush and Albert Gaxiola, both of Arizona.

They’ve all pleaded not guilty.

Raul Flores, 29, and his daughter, Brisenia, 9, were fatally shot May 30 when camouflage-clad intruders, including a woman, took over their home while posing as law enforcement officers. The girl’s mother also was shot, but managed to grab a handgun and drive the attackers away after a gun battle.

Forde, 41, was leader of the border-watch group Minutemen American Defense. Prosecutors allege she orchestrated the raid in hopes of finding cash and drugs in the Floreses’ home. She reportedly planned to use the loot to support her group, which she said was formed to combat illegal immigration and drug trafficking from Mexico.

In paperwork filed in support of a motion for a separate trial for Bush, prosecutors provided some new details about their case.

Bush, 35, allegedly was grazed in the leg by a bullet fired during the holdup. Prosecutors told the court that DNA tests show it was Bush’s blood that was found outside the home, in a van believed used during the robbery and at Gaxiola’s house. Meanwhile, they said Gaxiola’s DNA was found on a rifle the robbers reportedly left behind at the scene of the killings.

Gaxiola, 42, knew the Flores family and his name surfaced swiftly as a possible suspect in the robbery. Forde and Bush had been staying at his home, according to police reports.

Investigators learned that Forde allegedly had bragged about planning to rob suspected drug traffickers. In addition, two Colorado Minutemen have said they went to authorities before the killings, warning that Forde had tried to recruit them for home invasions in the Arivaca area. In their Nov. 13 court filing, prosecutors described the pair as having cooperated with the FBI.

When Bush was arrested, he admitted participating in the May 30 home invasion and shooting of the Flores family, prosecutors wrote. Bush also alleged Forde and Gaxiola were involved.

“When Shawna Forde was arrested, she was found in possession of jewelry belonging to” Flores’ wife, prosecutors wrote. “Defendant Forde denied all involvement in the shootings. Similarly, defendant Gaxiola denied all involvement in the murders.”

Forde’s attorney, Eric Larsen, told the judge his client has been wrongly linked to the crimes. Depending on how the case plays out, she may offer evidence implicating another Arivaca man as having participated in the home invasion with Gaxiola, the attorney wrote.

A Pima County judge on Nov. 23 ordered a separate trial for Bush, now scheduled for late next year. He ruled that Forde and Gaxiola still should face trial together.

The prosecutors’ motion also contained more detail about the killings. After he was shot the first time, Raul Flores reportedly pleaded with his attackers not to harm his family. Before she died, Brisenia reportedly was crying and asked the gunman why he’d shot her mother.

Prosecutors have charged each of the defendants with two counts of first-degree murder, two counts of aggravated assault and one count each of attempted first-degree murder, first-degree burglary, armed robbery and aggravated robbery.

Scott North: 425-339-3431, north@heraldnet.com.