Filing claims Flores along with two others relocated the remains of Kristin Smart in 2020

Today, Apr. 22, James Murphy, the Smart family’s attorney, filed an intentional infliction of emotional distress lawsuit against Ruben Flores.

Murphy is the civil attorney for Stan and Denise Smart, who is suing Ruben Flores for emotional damages related to the disappearance of their daughter, Kristin Smart, a Cal Poly student who went missing in 1997.

Ruben Flores (80) is the father of Paul Flores (44), who is currently in jail and charged for the murder of Kristin Smart.


Ruben Flores is charged with accessory after the fact to murder; it is alleged that he helped to conceal Smart’s body after the murder was committed. 

On Monday, Apr. 19, Ruben Flores (80), attorney Harold Mesick entered a plea of not guilty for the accessory after the fact to the murder of Kristin Smart. 

During a bail hearing for Ruben Flores on Wed. Apr. 21, Judge Van Rooyen lowered Ruben’s bail from $250,000 to $50,000.

That same night, Less than 12 hours prior to the lawsuit being filed, Ruben Flores was bailed from San Luis Obispo County jail by his wife, Susan Flores.

The lawsuit reads:

“On Feb. 5, 2020, representatives of the San Luis Obispo Sheriff’s Department served a search warrant upon Defendant Ruben Flores. The warrant authorized a search of the premises at 710 White Court, Arroyo Grande.

On or about Feb. 9, 2020, Defendant Ruben Flores removed the remains of Kristin Smart from its location, which, on information and belief, were located at 710 White Court, Arroyo Grande. 

Two additional individuals, who will later be named as defendants in this action, participated with Defendant Ruben Flores in the removal of the remains of Kristin Smart from the location at 710 White Court, Arroyo Grande.

Defendant Ruben Flores, on or about Feb. 9, 2020, acted in complicity and in concert with the Doe defendants in removing the remains of Kristin Smart from the burial location inside of the lattice enclosure below the deck of Defendant Ruben Flores’ White Court residence.”

In the complaint, Murphy alleges “Ruben Flores and Doe defendants 1 and 2 worked through the night, under the cover of darkness, to remove the remains of Kristin Smart to avoid having those remains at 710 White Ct. in the event of an additional search of the property.”

According to KSBY, Murphy said in an interview that witnesses saw Ruben Flores, Susan Flores, and her boyfriend, Mike McConville (named as defendants one and two in the complaint), working underneath Ruben’s house in Arroyo Grande during the night of Feb. 9, 2020. 

Murphy said there is “compelling evidence” that Kristin’s remains were removed from Ruben’s property and scattered in the Huasna area.

Huasana Hills
Huasna area outside of Arroyo Grande

The complaint explains that Kristin Smart’s remains have been moved at least three times since she disappeared from Cal Poly campus 25 years ago. 

The complaint reads, “Defendant Ruben Flores had previously transported the body of Kristin Smart from the Cal Poly dorm room of Paul Flores to the initial burial site at the home of defendant Ruben Flores.”

Murphy filed a lawsuit against both Ruben and Paul Flores in 1997, but the suit was dropped when Ruben Flores filed for bankruptcy. 

This is an ongoing story and will be updated when new information is available.