Pueblo man who pleaded guilty to murder charge files motion to withdraw plea
A Pueblo man who pleaded guilty to a murder charge earlier this year is attempting to recant his plea before sentencing, according to court documents obtained by the Chieftain.
Raymond Apodaca, 38, originally pleaded guilty to second-degree murder charges in a plea deal signed by 10th Judicial District Attorney Jeff Chostner on July 12. Prior to the plea agreement, he was initially charged with first-degree murder.
Apodaca pleaded guilty to the second-degree charge in exchange for a sentence of no more than 34 years in the Colorado Department of Corrections, as well as five years of parole upon his release.
Charges stem from Apodaca allegedly shooting and killing 36-year-old Victor Trujillo, the boyfriend of Apodaca's sister, shortly before 7 p.m. on April 15, 2022.
In a handwritten motion filed by Apodaca, he requested that District Court Judge Thomas Flesher allow him to withdraw his plea of guilty based on a "good faith change of heart."
Apodaca was scheduled for a sentencing hearing on Monday, which was continued when Apodaca refused to be transported from the Pueblo County jail.
The motion, which was filed not through Apodaca's attorney Aaron Gutierrez, but by Apodaca himself, did not elaborate why Apodaca wished to change his plea, stating only that he'd had a change of heart.
Apodaca cited several cases in an attempt to support his claim. However, one of the cases cited, U.S. v. Rios-Ortiz, appears to undermine Apodaca's request. In the 1987 U.S. 9th Circuit Court opinion, the court ruled that a district court did not have to accept a plea withdrawal before sentencing.
Current federal law guiding plea proceedings requires numerous safeguards for the defendant in a plea proceeding, including that the defendant understands his rights to a fair trial and an attorney, along with understanding the penalties they may face upon pleading guilty and making sure that the plea they enter is knowing and voluntary.
Because of these safeguards, the circuit court wrote in the U.S. v. Rios-Ortiz decision that "directing the district court to permit the appellant to withdraw his guilty plea merely because he changed his mind would undermine Rule 11's purpose and reduce plea proceedings to a time-consuming formality with no lasting effect."
During Monday's hearing, Gutierrez told the court that the reasons set forth by his client "might create a potential conflict."
While not yet making an official ruling on the motion, Judge Thomas Flesher stated during the hearing that he did not have sufficient legal grounds and was inclined to rule against it.
Deputy District Attorney David Dingess stated that he agreed with Flesher's opinion, but noted that an argument of "ineffective counsel" may be one of the few reasons to allow a plea withdrawal.
Gutierrez declined to comment further on the matter when contacted by the Chieftain.
A hearing in Apodaca's case is scheduled for Oct. 9. at 9:45 a.m.
More on the crime beat: Man killed in Thursday shooting identified by Pueblo coroner
All suspects are innocent until proven guilty in court. Arrests and charges are merely accusations by law enforcement until, and unless, a suspect is convicted of a crime.
Questions, comments, or story tips? Contact Justin at jreutterma@gannett.com. Follow him on X, formerly known as Twitter,@jayreutter1. Support local news, subscribe to The Pueblo Chieftain at subscribe.chieftain.com.
This article originally appeared on The Pueblo Chieftain: Pueblo man who pleaded guilty to murder charge seeks to withdraw plea
