"Sell it for what it’s worth, because that’s a thousand-dollar, ARs aren’t cheap."

Roberto made a collect call to his girlfriend Lizzie in Oceanside, from the jail in Vista, on March 27, 2017. The call cost her about twelve dollars, they talked more than 20 minutes.

As is the routine for jails, the call was recorded, and a prosecutor later used Roberto’s statements as evidence.

Flores: "He has made me go through something that I know that shouldn’t have been. This is doing me dirty."

Roberto Ignacio Flores, 25, was recorded at the beginning of the call identifying himself as “Miranda Rights.”

When they connected, Roberto said, “Hello beautiful. What are you doin’?”

Lizzie answered, “I’m currently changing our son’s diaper.” She had recently given birth, their son was just four days old. The baby could be heard making pleasant baby noises.

But jail background clatter was loud. Roberto said "Huh?" or "What?" or "I can’t hear you" at least 37 times during their 22-minute conversation.

Multi-felon Roberto quickly moved the conversation from his baby to the items which police had confiscated four days earlier, from the baby’s room, on the same day that he was arrested. His in-laws had found an illegal weapon and body armor and other things, hidden behind a bookcase, while they were tidying up the room for the new baby’s arrival.

“I want you to tell me if you’re going to take ownership of that property, because none of that property is illegal for somebody that doesn’t have a felony,” Roberto informed the mother of his child.

Because 25-year-old Roberto had prior arrests and convictions, as a felon he was not allowed to be in possession of a firearm. But the young mother of his baby had no criminal record at all.

Lizzie hesitated, and her baby started crying, and then Lizzie told her not-husband, “I don’t think that my Dad will let me. I’ll try.”

Roberto complained that the weapon was confiscated and would be held as evidence if Lizzie did not claim it. “So that’s a lot of money that’s gonna go down the drain. Nothing of it is illegal.”

Roberto wanted Lizzie to tell authorities that he did not live there with her, at her family’s home. “I don’t even know the address there,” he declared.

Roberto then seemed to threaten Lizzie’s brother; perhaps he believed he was the one who had snitched on him. “Just tell him that they might release me today or tomorrow, and I hope to God he, uh, has something to tell me when I’m there.” Lizzie’s loud sigh was recorded. It was not her brother who tipped off police, but no one bothered to tell Roberto, and he went on, “Because he has made me go through something that I know that shouldn’t have been. This is doing me dirty. Like really dirty.”

“You just tell him that I’m a be out, if I’m not out today, I’m a be out in less than a month.” He was right about that. Roberto was released from custody in about one month.

“Yeah, I’m gonna walk it home or I’m gonna take the bus to you and I’m a be right there in front of him. I want you to tell him personally I’m a be out, 'cause whatever he’s thought he was gonna accomplish with his setup, it didn’t work. And it’s not gonna work. And I need you to claim that property so you can sell that property.”

Roberto told Lizzie, “I mean, sell it for what it’s worth, because that’s a thousand-dollar, ARs aren’t cheap, supposedly… that’s over a thousand dollars worth of value that they want to keep illegally through their search and seizure.”

Lizzie soothed her baby and said “Uh huh.”

Roberto wanted to know if Lizzie had given permission to police to search the baby’s room, which was also her bedroom. “I didn’t say anything, I wasn’t here.” Lizzie was still at hospital with their baby when police came to her home.

Roberto complained again that he was not able to hear her, and Lizzie whispered, “I know, I’m trying to be quiet, because if I say anything any louder, anything, they’ll tell my friends I’m talking to you.” Apparently people who knew Lizzie might not think Roberto was a good thing for her.

Roberto wanted to know, “If you’re gonna do that for me or not? If you’re gonna, tell me if you’re gonna take that property or not? It’s just a yes or a no.”

Lizzie hesitated, and then replied, “I want to but I don’t know if my Dad will let me, is the thing.”

He pressed her, “As my partner, are you? Yes or no?”

Lizzie sighed, then said "Sure" and "Yeah, I guess."

Roberto Flores was in custody for felony possession of assault weapon for about one month (he was taken into custody on March 24, 2017). He was released on bail, and was at liberty three months later, when he drove his car into an Oceanside motorcycle cop on June 19, 2017.

ONE-DAY TRIAL

Roberto Flores was convicted of attempted murder of a police officer, and possession of illegal weapon, and other charges in 2017, but those convictions were overturned on a legal technicality by a California appellate court, and Roberto got a new trial in August 2021.

During the re-trial, the weapon was presented in court as evidence. Prosecutor Keith Watanabe took the long, black weapon out of a cardboard box and held it aloft for the jury to see. At the same moment, everyone in the jury box adjusted their seats, the substantial weapon made an impression on the jury of seven women and five men.

An expert testified as to why the weapon was considered an illegal “assault weapon” in California. He wrote a report and made a brief summary to the jury. It seemed to do with lack of serial number, the ammo magazine, the pistol grip, a perforated shroud on the barrel, plus other issues.

The jury deliberated less than one hour before unanimously agreeing that Roberto Flores, 30, was guilty of both felony charges, possession of firearm and illegal assault weapon. The jury heard evidence and came to a conclusion the same day, on August 12.

Roberto Ignacio Flores, 30, will be sentenced for the illegal weapon charges, plus the attempted murder of the Oceanside cop, and his other convictions, the morning of September 7, 2021. The case will be presided by the same judge who heard all his re-trials, Honorable judge Carlos Armour.