Is Kristin Smart’s killer likely to reoffend? Read probation report for Paul Flores

The man convicted of killing Cal Poly student Kristin Smart has a risk of reoffending, according to a report by the San Luis Obispo County Probation Office.

Paul Flores was sentenced on Friday in Monterey County Superior Court to 25 years to life in state prison for first-degree murder.

Nearly 27 years since he became the prime suspect in Smart’s 1996 disappearance, Flores still says he’s innocent, according to a pre-sentencing report obtained by The Tribune.

Pre-sentencing reports are prepared routinely by a county’s probation department to give recommendations and context to the sentencing judge — in this case Monterey County Superior Court Judge Jennifer O’Keefe.

Prepared by the SLO County Probation Department, Flores’ report includes a summary of the crime and its evidence, a score that determines the 46-year-old San Pedro man’s risk to reoffend, details about his background and a statement from Flores himself.

There are also dozens of victim impact statements from the Smart family and San Luis Obispo County community, as well as character statements from Flores’ family members.

Report: Paul Flores at risk to reoffend

In the pre-sentencing report, two risk assessments were given to Flores: one for violence — which excludes sexual deviancy — and one specific to sex crimes.

The SLO County Probation Department found there is a medium risk that Flores would commit a violent crime if released, and said he has a 23% chance of reoffending within one year.

When it comes to sexual crimes, Flores has a 4.6% chance of reoffending in five years, the report said, but notes that alleged but uncharged sex crimes were not considered in that calculation.

At least six women have accused Flores of rape in Los Angeles County, according to court records, but he has not been formally charged in connection to the allegations.

“(Flores) has deprived closure to the Smart family by withholding the location of Kristin’s remains,” the report said. “The Smart family’s only solace is that the defendant has been removed from society where he can no longer prey and victimize women.”

Probation report reveals school and work history

Flores attended a Catholic elementary school and public middle school in Torrance, before moving to Arroyo Grande during high school, the probation report said. He graduated from Arroyo Grande High School in 1995 and subsequently attended Cal Poly for one year, majoring in food science.

After he dropped out of Cal Poly, Flores earned an associate’s degrees in liberal studies and business from Los Angeles Harbor College. Flores also attended Cal State Dominguez Hills, and was four classes shy of earning a bachelor’s degree in business.

The report said Flores told probation he was never suspended or expelled from school, but noted sheriff’s deputies had found “several notices of school suspensions” for Flores during a search warrant.

Before his arrest for Smart’s murder, Flores worked for Jyve Corporation, a company that connects skilled workers to small companies whose products need to be stocked and displayed in stores.

Flores previously worked in a warehouse, for a meal preparation delivery service and for a moving company.

He worked at Coca Cola for five years. During that time, he bought his current San Pedro home.

That home has a lien for legal fees, the report said, and Flores owes more than $200,000 in debt.

He does not have a retirement fund, and the car he owns is a salvaged title. He gave his other truck, which doesn’t run, to his mother, Susan Flores.

Flores said he has a “very close and supportive” relationship with his parents and older sister. He has also been very involved in his niece’s and nephew’s lives.

He told probation he was an “avid dog owner” and owned rescue dogs. He said someone broke into his house and assaulted his dog after his arrest for Smart’s murder.

Before his arrest, Flores said, he spent his free time riding his beach cruiser, playing baseball or basketball with friends, and attending church events and car shows.

Flores said he scored a 98 out of 99 on the exam that measures a young adult’s strengths and potential for success in military training and aspired to join the U.S. Navy, but he was excluded from entering the military because he was being investigated as a suspect in Smart’s murder.

Law enforcement ‘invaded and interfered’ with life, murderer claims

According to the report, Flores, accompanied by his lawyer Robert Sanger, told the San Luis Obispo County probation officer preparing the report he “never brought a girl to my room when I was going to Cal Poly.”

Flores also referenced testimony during his trial in Monterey County Superior Court by Jennifer Hudson, who said Flores told her that he killed Smart while the two were at a skateboarding party house in 1996.

Flores told the probation officer that “I don’t skate, and I’ve never used drugs,” the report said.

Speaking to the probation officer, Flores said that San Luis Obispo County Sheriff’s Office deputies “manipulated situations with harassment that caused him to lose employment.”

Flores claimed police put a GPS tracker on his car, followed and stalked him in 1999, 2020 and 2021 prior to his arrest for Smart’s murder.

He also claimed that, during one of the four times he was incarcerated for drunken driving, the FBI planted an inmate in his cell with the intention of eliciting a confession to Smart’s murder, which Flores did not do.

Flores said he later went to a bar with the inmate who allegedly tried to get him to confess, which led to a probation violation.

There were “so many lies involved,” Flores said, adding that uncorroborated witness statements changed Smart’s status as a missing person to a murder victim.

Flores claimed the Sheriff’s Office only refocused its investigation into Smart’s disappearance during election years.

“(Flores) maintained his innocence and expressed frustration with law enforcement invading and interfering with his life,” the report said.

Flores served time before Kristin Smart murder arrest

Flores was convicted of driving under the influence of intoxicants four times between May 2000 and October 2015, though his 2007 DUI conviction was expunged in 2013. All DUI convictions ended in jail time and probation.

He was also convicted of driving with a suspended license in 2014, and being drunk in public 2016. He served probation for those charges.

Flores told probation he began drinking alcohol between the ages of 17 and 18, and said his drinking habits have varied over time. He said he primarily drank alcohol socially and occasionally drank excessively.

He said alcohol had been a problem for him in the past, but denied abusing illicit substances or prescription medications.

Flores family members defend his character

Three members of Flores’ family and one longtime friend submitted declarations to supplement the probation report that describe their relationship with Flores.

In those declarations, none of them claim Flores did not or could not have killed Smart, and all include brief statements of activities or memories they have had with Flores.

“As a child, Paul was a really good kid,” Karen Kinsley, Flores’ aunt, said in her declaration. She said Flores was shy because he stuttered, but that speech therapy helped.

She said Flores took very good care of his rescue dogs, and has always been kind to her.

Paul Marquez, an old coworker and friend of Flores, said he trusts Flores and said he has never been dishonest or concerned in the time the two have been friends.

He said Flores is a “hard-working, honest and caring person.”

Flores’ cousin, Roger Arguello Jr., said Flores let him live with him for free when he was “basically homeless.”

Arguello also said Flores took great care of his rescue dogs, which were “a very important part of his life.”

Yolando Delgado, another of Flores’ cousins, said in her declaration that Flores is respectful and helpful, and brought groceries to her and her aunt during the coronavirus pandemic.

She said he has always been helpful and kind at family functions.

“He is fun to be around and a bit of a jokester,” Delgado said.

SLO community sends judge letters in support of Smart family

Dozens of letters were sent to the judge overseeing Flores’ trial in support of the Smart family, the report shows.

Seven Smart family members submitted victim impact statements, and 40 San Luis Obispo County community members, including radio host Dave Congalton and podcaster Chris Lamber, submitted impact statements in support of the Smart family.

The letters describe the pain the Smart family has been through since Kristin Smart’s murder, as well as the fear that was instilled in San Luis Obispo ever since.