Court Reverses Decision Granting Dunkirk Woman New Trial
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The state's highest court this month reversed an appellate court decision granting a Dunkirk woman a new trial stemming from a July 2017 shooting death.
Rebecca Ruiz in August 2021 had secured a victory with the state Supreme Court, Fourth Department Appellate Division, on the lone charge she was convicted on in the death of her then-boyfriend, Julian Duman.
In March 2018, she was found not guilty of second-degree murder, a lesser charge of second-degree manslaughter, and tampering with evidence. She was convicted on a felony count of second-degree criminal possession of a weapon and sentenced by County Court Judge David Foley to six years in state prison as well as post-release supervision.
After appealing the conviction, the Fourth Department Appellate Division ruled that Chautauqua County Court erred by denying Ruiz's request to instruct the jury on the defense of "temporary and lawful possession of a firearm" because she believed that her life and the lives of her children were under threat.
Citing caselaw, the justices wrote in their order: "To establish entitlement to a charge for temporary and lawful possession of a firearm, 'there must be proof in the record showing a legal excuse for having the (firearm) in (one's) possession as well as facts tending to establish that, one possession (was) obtained, the (firearm was not) used in a dangerous manner."
"A court must grant a defendent's request for a jury charge when, viewing the evidence in the light most favorable to the defendant, the charge is supported by a reasonable view of the evidence.
"Here, viewed in the light most favorable to defendant, we conclude that the evidence adduced at trial was sufficient to justify the requested charge."
As a result, Ruiz was granted a new trial.
The Chautauqua County District Attorney's Office appealed the ruling, with Andrew Molitor, first assistant district attorney, going before the New York Court of Appeals in December.
Shortly after, on Dec. 13, the state's highest court reversed the appellate court decision granting the new trial.
In a five-page ruling, the state Court of Appeals said "no reasonable view of the evidence would support a finding of the tendered defense of 'temporary and lawful possession' and, thus County Court was under no obligation to submit the question to the jury."
The court added, "Inasmuch, as defendant's actions were reckless and dangerous, she was not entitled to the temporary and lawful possession charge."
The state Court of Appeals then sent the case back to the Fourth Department Appellate Division to rule on a portion of Ruiz's original appeal that Foley's sentence was "unduly harsh and severe." In a ruling released Friday, the appellate court said the sentence was not harsh or severe.
Ruiz was charged after firing a single shot through a door at her Lake Shore Drive home that struck and killed Duman the night of July 6, 2017. She testified at trial that she shot him in the mistaken belief that she was shooting at her estranged husband who had previously broken in and attacked her in the home.
Prior to the shooting, Ruiz had been startled awake by someone pounding on the front door. She testified that while searching for something to use to defend herself, she found a gun in the kitchen drawer that Duman had left behind.
Then-county District Attorney Patrick Swanson prosecuted the case.
Jason Schmidt, the current district attorney, said Ruiz has been out of prison during the appeal process. While he was not yet sure how he planned to proceed with Ruiz's remaining prison sentence, he lauded the work of Molitor before the state Court of Appeals.