Latest Legal News from the Criminal Courts in Houston, Texas

July 05, 2007

Media Advisory: Rolando Ruiz scheduled for execution

AUSTIN – Texas Attorney General Greg Abbott offers the following information about Rolando Ruiz, who is scheduled to be executed after 6 p.m. Tuesday, July 10, 2007.

Ruiz was sentenced to death for the July 1992 capital murder of Theresa Rodriguez. A summary of the evidence presented at trial follows.

FACTS OF THE CRIME
Roland Ruiz told San Antonio police that Mark Rodriguez and Michael Rodriguez asked him to kill Michael’s wife, Theresa Rodriguez. Ruiz told officers that Michael Rodriguez asked him to rob and murder Mrs. Rodriguez when she arrived at a restaurant on July 10, 1992. Michael told Ruiz he would pay him one-thousand dollars up front and another thousand dollars when the job was done, and Ruiz agreed.

On July 10, Ruiz went to the restaurant but called off the murder when he saw a security guard.

The next day, Michael asked Ruiz to carry out the killing that night at the movies once the Rodriguez’s left the theater. However, the Rodriguez’s did not show up that evening.

Mark Rodriguez, Theresa’s brother-in-law, told Ruiz to follow Michael and his wife, Theresa, home from a movie theater on July 14, 1992. Ruiz followed them home from the theater and parked his car. Ruiz then walked up to the passenger side of the Rodriguez’s car and, as Theresa opened the car door, he pointed a gun at her head and shot her once. Without taking her purse, Ruiz ran back to his car and drove away. After leaving the scene, Ruiz spent the rest of the evening playing basketball. Ruiz received final payment for the murder on July 17, 1992.

PUNISHMENT PHASE
At the punishment phase of his trial, the State presented evidence demonstrating Ruiz’s violent propensity through the testimony of Ruiz’s friends and acquaintances. Samuel Perez testified that Ruiz was violent and carried guns. Kristian Villareal testified that she had also knew Ruiz carried guns, and that he frequently got into fights. Villareal stated that she was concerned Ruiz would shoot the police when they came to arrest him. In her opinion, Ruiz does not have a conscience. Rudolfo Espinoza also testified that he and Ruiz were in a neighborhood gang, and that Ruiz preferred to resolve disputes through the use of violence rather than conversation.

The State also presented evidence of a prior conviction for aggravated robbery committed on June 8, 1992. The evidence showed that Ruiz dragged his then-girlfriend Roxanne Conway out of her truck, then beat her with his fists and kicked her teeth out with his boots. Ruiz then pulled another woman out of the truck and stole the truck, leaving the women behind; when the truck was found a few minutes later, it had been vandalized. Conway admitted fearing for her life at the time of the assault.

The State further also presented evidence of Ruiz’s violent misconduct while he was in jail. A Bexar County detention officer testified that on one occasion, Ruiz charged out of his cell in an attempt to attack another inmate, and that it took two officers to subdue Ruiz after this incident. Evidence was also presented indicating that Ruiz was a member of the Texas Syndicate prison gang, and that on September 6, 1992, Ruiz and three members of the gang attacked another inmate who was being returned to his cell, which resulted in a detention officer being struck in the face. On April 21, 1993, Ruiz was involved in another altercation in which four detention officers were assaulted. A video recording of a portion of this incident was played for the jury.

PROCEDURAL HISTORY
October 21, 1992--A Bexar County grand jury indicted Ruiz for the capital murder of Theresa Rodriguez.
January 18, 1995--A Bexar County grand jury found Ruiz guilty of capital murder.
January 20, 1995--Following a separate punishment hearing, Ruiz was sentenced to death.
February 25, 1998--The Texas Court of Criminal Appeals affirmed Ruiz’s conviction and sentence.
September 15, 1997--Ruiz filed an application for writ of habeas corpus with the state trial court.
July 9, 1998--An evidentiary hearing was held in the state trial court.
April 2, 2003--The Texas Court of Criminal Appeals ultimately denied Ruiz’s state habeas application.
February 18, 2004--Ruiz filed a federal petition for writ of habeas corpus in a San Antonio U.S. district court.
August 29, 2005--The federal district court denied Ruiz the relief requested in his federal habeas petition.
October 12, 2005--The federal district court granted Ruiz a certificate of appealability with regard to one of his claims, but denied COA on the rest of his claims.
February 10, 2006--Ruiz filed an appellant’s brief and an application for additional certificate of appealability with the 5th U.S. Circuit Court of Appeals.
August 10, 2006--The 5th Circuit Court issued an opinion affirming the judgment of the district court and refusing to grant Ruiz the requested additional COA.
September 14, 2006--The 5th Circuit Court denied Ruiz’s petition for rehearing by the full 5th Circuit Court.
December 13, 2006--Ruiz petitioned the U.S. Supreme Court for a writ of certiorari.
March 19, 2007--The Supreme Court denied Ruiz’s petition for certiorari.
April 3, 2007--The trial court issued an order setting Ruiz’s execution date for July 10, 2007.

PRIOR CRIMINAL HISTORY
According to TDCJ, Ruiz had been in and out of jail numerous time and was arrested a total of nine times before his current incarceration and death sentence for capital murder. As described previously in the section regarding the punishment phase evidence, Ruiz also was convicted for aggravated assault of a peace officer for his assault on a Bexar County jailer while he was incarcerated awaiting trial for the current offense.

 

 

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