Kendy Patricia Funez, a 25-year-old woman from Salisbury, North Carolina, tragically lost her life on August 19, 2010. The incident occurred at the Oakhurst Drive mobile home she shared with her boyfriend, Denis Omar Funez-Flores, who was also her first cousin. According to police reports and witness statements, the couple had been arguing prior to the shooting.
When Salisbury Police officers arrived at the scene, they found Kendy Patricia Funez's body had been moved from the floor to the bed by Funez-Flores. A 20-gauge Mossberg shotgun was discovered in a master bedroom closet, along with an air pistol and some marijuana.
Denis Omar Funez-Flores, 28, accepted an Alford plea to second-degree murder, which allows a defendant to maintain their innocence while acknowledging that prosecutors have sufficient evidence to obtain a conviction. He was sentenced to a minimum of slightly more than 11 and a half years to a maximum of 15 years in prison. During the plea hearing, Rowan County District Attorney Brandy Cook read from law enforcement statements, revealing that Funez-Flores had initially told investigators that the couple thought they heard someone poking around outside, prompting him to take his shotgun as he looked around the house. The two had been drinking, with investigators counting 35 empty Corona beer bottles on the kitchen table.
Funez-Flores claimed that Kendy Patricia Funez walked toward him inside the master bedroom as he had the gun pointed, and when she pushed the gun away from her face, it "just went off." Kendy Patricia Funez was shot in the head with a 20-gauge shotgun at close range. Detectives spoke with Maria Salazar, whose son, Christian, had spoken with Funez-Flores not long after the shooting. Another son, Carlos, told his mother that Funez-Flores indicated Kendy Patricia Funez was unconscious and that he was giving her CPR and pouring water into her mouth before Carlos told him to stop. It was not apparent to either Carlos or Christian that Kendy Patricia Funez had been shot since she was face down when they first arrived.
Funez-Flores told police he tried to call 911 several times but could not get through. Police Detective Eric Williams reported that it appeared a struggle had occurred in the bedroom. Funez-Flores' attorney, Craig Blitzer, acknowledged that his client had a weapon and that Kendy Patricia Funez was shot and killed. Blitzer also noted that Kendy Patricia Funez's blood alcohol level was .06, less than the drunken driving threshold of .08, and mentioned that he would have called expert witnesses to discuss the alcohol use had there been a trial.
