Probation Refused in Threat Case : Crimes: A man who blames a prosecutor for mishandling the case against 2 men accused of beating his son to death turns down the offer.

A Newbury Park man refused to accept five years’ probation Tuesday in Ventura County Superior Court for threatening to kill a prosecutor whom he blamed for mishandling the case against two men accused of beating his son to death.

But Judge Charles R. McGrath continued the sentencing hearing for Charles Flores, 48, until this morning so Flores can consult with his attorney. Flores could face up to three years in state prison if he refuses probation, Deputy Atty. Gen. Patrick Brooks said.

Flores was convicted on May 21 of threatening great bodily injury or death for his threat to Deputy Dist. Atty. Richard E. Holmes during a Feb. 6 phone conversation.

Flores blamed Holmes for failing to win harsh penalties against two men accused of killing his son, John.

John Flores died of brain injuries he suffered in a brawl outside a party in Newbury Park on Jan. 20, 1989. The men tried for his death were Larnell Bush, who was convicted of aggravated assault last July and sentenced to 90 days in jail and five years probation, and John Yurek, acquitted of manslaughter last August.

On Tuesday, Holmes used his right as a felony victim to make a statement to the court during Flores’ sentencing hearing--and laid some of the blame for John Flores’ death at his father’s feet.

Charles Flores listened quietly.

Flores “has to stop believing everyone’s wrong but him. He has to take responsibility for his actions,” Holmes said.

Holmes said John Flores was drinking heavily the night he died and was found to have about twice the legal limit of alcohol in his system.

Holmes said party-goers asked John Flores three times to leave the party because on other occasions he had beaten the two women who were the host and the guest of honor. Holmes also said John Flores started the brawl in which he died by provoking one of the suspects with a racial slur.

“Who taught him that, by the age of 19, heavy drinking was acceptable behavior?” Holmes said. “Who taught John Flores that violence was a viable solution?”

McGrath said he would sentence Flores to five years’ probation under certain conditions; these include orders to stay away from Holmes and the Courthouse, carry no guns and undergo psychotherapy.

But when McGrath asked if he accepted the conditions, Flores said, “I’m not sure, I think not.”

Later, outside the courtroom, Charles Flores talked agitatedly with defense attorney William C. Maxwell and Brooks, who stepped in to prosecute Flores to prevent a conflict of interest with the district attorney’s office.

Meanwhile, Flores’ wife, Sharon, criticized Holmes for blaming her husband for their son’s death. She blasted Holmes for his accusations against John Flores.

“I don’t know where he’s getting his information, but it’s false. Why is he trying to agitate us?” she said. “I’m so disappointed that the man could slander my son in court and stand here and slander my son again . . . I know my child was not a monster.”

Flores said outside the courtroom that he will refuse to accept probation until prosecutors reveal more about his son’s case, even if it means going to jail.

“I’m not going to agree to do anything for them until they agree to look into this and answer a couple of questions. I think they should wash their own hands before they wash mine,” Flores told reporters, but refused to elaborate.