Cordova sentenced for April fire

ALAMOSA — Alamosa County Judge Daniel Walzl on Tuesday sentenced Ruby Jo Cordova, 31, to 12 months in jail on a misdemeanor charge pleaded down from an arson charge related to an April 17th structure fire on Old Airport Road.

Area firefighters were battling a massive brush fire that evacuated residents in southern Alamosa on April 17, in addition to another structure fire and other calls, when Cordova started a fire at 8131 County Road 110 (Old Airport Road) that ultimately destroyed the house at that address. Judge Walzl stated during Cordova’s sentencing in Alamosa County Court on Tuesday that Cordova had taken responsibility for setting that fire, specifically admitting to authorities that she believed it was a perfect time to set the house on fire while another fire was already going.

Deputy District Attorney Jordan Welch said Cordova had made threats previously that she would set the house on fire, “and ultimately the house did catch on fire and the fire department determined that it had been an intentional fire that had been set and it had come from the quadrant of the home in which she resided.”

Welch requested 12 months in the county jail, which Judge Walzl agreed was a fair sentence. Cordova appeared in custody and was given credit for 110 days already served.

Cordova will also be required to pay restitution, which has not yet been determined but which Cordova’s attorney David Lipka said he understood would be less than $10,000.

Arguing that Cordova needed to be out of jail to begin paying back the restitution and taking care of her two young children, Lipka asked for probation for his client. One of Cordova’s children, a 7-year-old, was initially present in court for the sentencing, but Judge Walzl encouraged the family to take the child out of the courtroom during the sentencing. “I typically tell people you are doing yourself zero favors by bringing your child into a courtroom to see the imposition of a sentence,” Judge Walzl said. He added this is something a child should be shielded from, not exposed to.

The family then removed the child from the courtroom for the remainder of the sentencing hearing. Cordova’s other child is 1 year old and residing with the child’s father.

Welch reminded the court of the circumstances of this case and of Cordova’s criminal history. He said that in the middle of a fire where firefighters and other emergency responders were trying to help people and save properties, a fire began at Cordova’s house that the fire department determined was intentionally set.

Welch added that Cordova had several prior misdemeanor convictions as well as at lest two felony convictions. She has been on probation and had opportunities for in-patient and outpatient treatment and has repeatedly failed to be successful on probation, Welch added, so she was not a good candidate for probation.

He added that her previous crimes have involved damage to people’s homes and other types of properties, and she has driven while impaired “putting other people’s lives in jeopardy on the road.”

Lipka argued that Cordova had had some success on probation in the past and successfully completed a community corrections sentence. He also indicated he believed the prosecution might have a hard time proving the arson case because of the complicated science involved in arson cases and because of two or three unreliable witnesses and victims who had a long history of dealing and doing drugs at that residence.

Lipka said if the court did impose a jail sentence, he believed 12 months was too long in light of the need to pay restitution and Cordova’s desire to be reunited with her children.

Judge Walzl said it was a good thing no child was in the home during “this incredibly dangerous situation.” He said this is a house where terrible things have happened and law enforcement has been called multiple times, even for a homicide.

Lipka said Cordova wanted to get back on her feet and pay restitution, which would be harder to do if she was incarcerated.

Judge Walzl said he understood from the pre-sentence report that Cordova did not want probation, and he was not going to impose probation over a defendant’s objection. He added there were other considerations to take into account as well, such as Cordova’s two prior felony convictions and her admission to setting the fire, even though her attorney did an excellent job of pleading the case down to a misdemeanor. Walzl said probation would depreciate the seriousness of the crime, which endangered the safety of the community.

Lipka said he understood restitution was not the only consideration but wanted his client to be successful and “not get sucked into the vortex.” He said his client would comply with any conditions imposed on her if she was placed on probation. He added that in speaking with Cordova she did not object to probation.

When given the opportunity to speak, Cordova told the judge in addition to her daughter, 7, she has a year-old daughter who is with the child’s father, and if she was out of jail she could help with her child’s care. She said she would comply with probation terms and wanted to be a productive community member.

“I am truly sorry to anybody that got hurt in this case,” she said.

Judge Walzl told her, “I hope you do focus on the things that are positive and good for you in your life to move forward.”

He added that although Lipka made a strong argument for probation, and he had considered probation, “this simply is not a case that is appropriate for a probationary sentence.”

Walzl added, “The sentence I have to impose is not just about you.” He said Cordova needs drug treatment, and she needs to address that, but he had to consider not only her needs but also the entire community and how this crime affected that broader community.

“While another fire was burning and threatening the community — and it boggles my mind why people do certain things — but you set another fire. Literally people in the community were fleeing for their lives, and you chose to set another fire. There’s no rational explanation for that.”

Regardless of the bad things that had occurred at the house where Cordova started the fire, she put “a whole bunch of people in this community — good honest hard-working people not associated with that scene out there — you put them in danger. Literally their lives and property were in danger.”

Caption: Ruby Jo Cordova was sentenced to a year in jail on Tuesday for intentionally starting this house fire on April 17 on Old Airport Road (County Road 110.)/Courier file photo by Keith R. Cerny