Carbondale man accused of sexual assault found guilty on one count only |

Carbondale man accused of sexual assault found guilty on one count only

John Colson

GLENWOOD SPRINGS — Gustavo Flores-Rosario was found guilty of one count of sexual molestation of a child under 15 years of age, a class three felony, on Friday, after a jury deliberated for more than 14 hours starting shortly after noon on Thursday.

Flores-Rosario, 54, of Carbondale, was found not guilty on the other five counts he faced in Garfield County District Court, over allegations that he molested two girls when they were about 9 years old approximately 10 years ago.

Despite being found guilty on only one count, Flores-Rosario faces up to life in prison because of the nature of the charge, although the details of the sentence are largely up to District Judge Daniel Petre.

Petre set the sentencing date for 9 a.m. on Jan. 15, 2014, with the expectation that Deputy District Attorney Steve Mallory, and perhaps the defense attorney Bill Schubert, will call witnesses to testify prior to the moment when the sentence is announced.

As the jury filed into the courtroom at shortly after 4 p.m., their faces were somber, with only a couple of smiles in evidence and then only briefly.

The judge, before reading the verdicts to the courtroom, count by count, cautioned those in the gallery that there should be “no outbursts or reactions from the audience” as the verdicts were read.

He then proceeded to read down the list of charges, all of which were for specifically alleged instances of molestation, though only Count 1 drew a guilty verdict.

The defendant sat quietly at the table with Schubert and said little as he was led back to his cell, where he will be held without bond until the sentencing hearing.

Afterward, the judge ordered a full presentence investigation by the Ninth Judicial District’s probation department, along with a psychological evaluation of the defendant before sentencing.

Courthouse observers who had spoken to jurors in the case, but did not wish to be identified, said the jurors had said it was a very hard case to decide and that “they hated having to do it.”

The jurors left the Garfield County Courthouse quickly after the verdict was announced by the judge, not even pausing to talk with the attorneys in the case, who both had indicated they wanted to discuss the verdicts with some or all of the jurors.

Neither attorney would comment after the verdict had been read.

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