Florence man pleads guilty to manslaughter in 1967 baby death – Canon City Daily Record

An 88-year-old Florence man pleaded guilty Monday to voluntary manslaughter under the Colorado Statutes of 1965 in the death of his ex-girlfriend’s baby, who died Nov. 2, 1967.

Keith Smith was sentenced to four years of supervised probation under the plea agreement.

Roxanne Marie Archuletta was only 14 months old when she was found lifeless in her bed. The baby’s mother, Norma Lyne Archuletta, who was 28 at the time, and Keith Emmanuel Smith, who was 30 at the time of the incident, were later released after being questioned about the baby’s death.

“Because of this crime, we were never able to grow up together and attend each other’s graduations, weddings and other family events,” Roxanne’s older sister, La Cole Archuletta, said at Monday’s sentencing hearing. “We could never act as aunts to each other’s children. “His death left a void in both my life and my family’s life.”

According to previous Daily Record articles, Smith fell about four feet from a bunk bed while playing with Roxanne. He said he didn’t see the fall, but when he turned just in time he saw the woman land on her back and fall. After picking her up and silencing her screams, he put her back in her crib, Smith said.

A coroner’s inquest was launched after a funeral director noticed what appeared to be injuries. The jury returned a verdict on November 21, 1967, that the baby died from “accidental injuries.”

During the initial examination, Colorado Springs pathologist Dr. Raoul Urich stated that the injuries he saw were due to blunt force trauma (most likely a blow to the back of the spine) and that these injuries were not consistent. with a decline.

“At 14 months old, she was left to die a painful death at the hands of a man who showed no remorse and still hasn’t admitted the truth of what he did to her,” said Rhone Peterson, Roxanne’s only niece. “The defendant has been living in this world for 88 years, and for 57 years without taking responsibility for taking the life of a little innocent baby. “Our family was torn apart because of this man’s actions, while he was living a comfortable life without being punished.”

Florence Police Department Detectives Jeff Worley and Alex Wold began reinvestigating the case in 2021, which was later sent to the grand jury.

Members of the Archueltta family felt, through oral and written testimony, that Smith’s failure to go to prison was not a “slap in the face” for Roxanne. They said the judicial system was trying to protect Smith because they were upset about his age and health issues and felt the unsolved case was being swept under the rug.

“The defendant caused generations of trauma and pain that are still felt today, even by those who did not know Roxanne,” Peterson said. “… My family should not have had to witness his murderer being exhumed to result in four years of probation with no incarceration.”

Deputy District Attorney Mark Hurlbert agreed with family members that Smith should have been sent to prison in 1967, but he was not held accountable by law enforcement, the criminal justice system and the prosecution at the time.

“The court needs to punish him like today,” he said. “Therefore, we made our offer and request the court to grant probation to the defendant at this point and not impose a prison sentence. … Ultimately, what this defense does is hold the defendant responsible. The defendant stood up and said he was guilty, guilty of the death of Roxanne Archuletta. “In this case, the People think that there is a responsible person who admits that he is responsible for the death of this little girl and that this is justice.”

Smith declined to comment during the hearing, but his lawyer, Karl Tameler, said they would take the case to court if his client was 45, 55 or even 65 years old.

Most Read Stories of 2023: No. 4, Florence man arrested in baby’s death in 1967

“This case weighed on him,” he said. “He was suffering from ailments that were made worse by the stress of this case, and he did not think he would be able to complete the trial.”

Tameler said Smith lived a law-abiding life and helped a longtime girlfriend raise her two daughters as his own without any obligations.

“They are like this because of him,” he said. “They love him, they value him, and they speak very highly of him.”

Fremont County District Court Judge Kaitlin Turner said she was surprised to hear so many family members were unhappy with the plea agreement, but said the case would be restarted if he rejected it.

“I think we all heard today that no one is happy with this plea deal,” he said. “Nothing we do here today will actually bring satisfaction to anyone, and that’s the challenge of a very old case.”

The El Paso County Coroner’s Office began the autopsy on March 2, 2022, when Roxanne was exhumed from the grave site at Union Highland Cemetery in Florence, according to cemetery records. The cause of death was stated as ‘unknown’.

Smith was indicted on September 7, 2023, on suspicion of causing the baby’s death. According to the indictment, Smith was arrested on a modified charge of second-degree murder, a Class 2 felony. If convicted, he would be sentenced to 16 to 48 years in the Department of Corrections.

When the autopsy and investigation were completed on August 16, 2022, Dr. Megan Kliesner determined in the autopsy report that the baby’s manner of death was murder.

Kliensner stated that Roxanne died as a result of blunt force injuries to the spine.

First Publication Date: November 18, 2024 19:07 MST