Felony Hearing Adjourned For Dunkirk Woman Charged With July 6 Murder
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DUNKIRK -- The felony hearing of 28-year-old Rebecca Ruiz -- who faces a second-degree murder charge for the shooting death last week of her boyfriend, 21-year-old Julian Duman -- was adjourned Wednesday and rescheduled for Tuesday at 2 p.m. at the Dunkirk City Courthouse.
The adjournment request was made by Ruiz's defense attorney, Anthony Pendergrass, with no objection from Chautauqua County District Attorney Patrick Swanson. Dunkirk City Judge Walter Drag granted the adjournment.
"At this point we're asking the court to adjourn the felony hearing to allow us the opportunity for discussion," Pendergrass said.
"It is anticipated that in the meantime we would file a bail motion at county court in Mayville, and to have a judge in Mayville act on that motion," he continued.
Pendergrass said the bail request will be for the amount of $100,000 or $200,000 in property.
"The attorney and I have agreed that that is enough to do what the purpose of bail is, which is to secure the return of (Rebecca Ruiz) to the court," Pendergrass said. "We're going to make that motion to the county court and hopefully the county court will accept the agreement made between myself and the district attorney and set bail in that amount."
Pendergrass offered gratitude to Swanson for agreeing to the adjournment.
"We appreciate that the DA has given us the opportunity to look at extenuating circumstances and to come to the right conclusion about what transpired," he said. "It gives us an opportunity to look at the evidence that the DA has collected and we have the opportunity to share evidence with the DA's office. Hopefully we'll come to the right conclusion about this matter."
Pendergrass confirmed that Julian Duman was indeed Ruiz's boyfriend. Ruiz allegedly shot and killed Duman July 6 at Ruiz's residence on Lake Shore Drive East in what may have been a case of mistaken identity.
According to Dunkirk Police depositions, Ruiz had told them soon after the incident: "I shot him! Oh my God, is he dead? I didn't know it was Julian, I thought it was Waldo. I heard someone jiggle the door and I shot through the door."
When asked if Ruiz mistakenly shot Duman, Pendergrass replied: "I'm not going to tell you that my client in fact shot Julian. What I will tell you is again, we have an opportunity to ferret out all the issues that may be critical to making the proper determination about (this case)."
When asked if Ruiz in fact did not shoot Duman, Pendergrass said "it would be premature to make any other statements than the one I've already made."