Commonwealth v. Ruiz

817 N.E.2d 771, 442 Mass. 826, 2004 Mass. LEXIS 743
CourtMassachusetts Supreme Judicial Court
DecidedNovember 19, 2004
StatusPublished
Cited by57 cases

This text of 817 N.E.2d 771 (Commonwealth v. Ruiz) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Ruiz, 817 N.E.2d 771, 442 Mass. 826, 2004 Mass. LEXIS 743 (Mass. 2004).

Opinion

Greaney, J.

A jury convicted the defendant of murder in the first degree on a theory of extreme atrocity or cruelty,1 and of assault with intent to kill. A judge who was not the trial judge denied the defendant’s motion for a new trial. Represented by new counsel on appeal, the defendant argues error in (1) the admission of certain trial testimony; (2) the prosecutor’s closing [828]*828argument; and (3) the judge’s instructions to the jury. He also argues that he was deprived of his constitutional rights of self-representation and the effective assistance of trial counsel. Finally, the defendant seeks relief pursuant to G. L. c. 278, § 33E. We affirm the order denying the motion for a new trial and the judgments of conviction, and we decline to exercise our authority under G. L. c. 278, § 33E, to grant the defendant relief.

Based on the Commonwealth’s evidence, the jury could have found as follows. Prior to her death, Carmen Ruiz (Carmen)2 and the defendant had been married for fourteen years, and lived with their four children in Revere. The defendant worked to support the family, and Carmen worked also, at a Rent-A-Center. During the summer of 1998, Carmen had an affair with a coworker, Angel Negron. Negron and his Mend and coworker, Anthony Matos, would go to the Ruiz house on their days off and would sometimes socialize and drink with the defendant.

After a Fourth of July party, the defendant angrily told Carmen that he did not want Negron and Matos at his home. Later, sometime in the middle of August, the defendant moved out of the house. One Thursday in late August, the defendant told Carmen’s sister, Angelica Diaz, that he was coming back on “social Friday”3 to “get the guys from Rent-A-Center,” and that he did not want those men in his home. He also told Diaz that he had instructed his friend, Hector Polanco, who lived in the basement of the Ruiz home, to page him whenever Negron and Matos came to the house.

Within days of the incident, Polanco overheard the defendant and Carmen arguing. Carmen wanted to end their mamage. The defendant said he was devoted to his children and asked why Carmen paid so much attention to Negron and Matos and why the men were at the house so often.

At work on September 1, 1998, Carmen told Negron that she had told the defendant about their relationship. Several hours after work that day, Matos drove Negron to the Ruiz house. [829]*829They arrived around midnight. They talked and joked in the living room with Carmen. The telephone rang. Carmen answered and spoke with the defendant. After a short conversation, Carmen handed the telephone to Negron. The defendant told Negron that he was on his way over and that they had to talk, and Negron agreed. Approximately ten minutes later, Negron went to the bathroom. Polanco had come upstairs, answered the door, and let the defendant into the house.

The defendant and Carmen went into the kitchen and started arguing. Eventually, a physical struggle ensued. The defendant went to the bathroom, pounded on the door, and yelled at Negron to come out so they could talk. Matos got up and headed over to the defendant and Carmen, who were in the hallway near the bathroom. Polanco came back up the stairs to see what was going on, and the defendant told him not to move. Matos approached the defendant, asked him what was going on, and told him that he (Motos) and Negron had not come to the house to cause trouble. Matos looked over toward Carmen and the defendant stabbed Matos six times.4 Matos’s wounds were in his abdomen and chest.

On observing Matos with blood on his stomach, Polanco ran out of the house and contacted a friend to pick him up. Matos also left the house and crossed the street seeking help.

The defendant’s twelve year old daughter, Angie, woke up needing to use the bathroom. When she opened the bedroom door, she saw the defendant stabbing Carmen, her mother, with a black-handled knife with an eight to ten inch blade. Angie pulled on her father’s shirt to try to stop him from stabbing her mother. The defendant turned and looked at Angie, but continued stabbing Carmen. Angie went back to her room and picked up the telephone to call the police. The defendant looked at Angie and saw her with the telephone, then ran out with the knife. The defendant got into his vehicle and drove away.

A neighbor was awakened by banging on his front door. He went to the front of his house and saw Carmen in front of her house. He went to her, grabbed the telephone that she was hold[830]*830ing, and said, “Get an ambulance here right away.” He asked Carmen who had done this, and she replied, “My husband.” Carmen then told the neighbor to take care of Matos, who was at the neighbor’s front door.

Negron came out of the bathroom and'saw Carmen “drop” right outside the front door of the house. Angie checked on her siblings, and then found her mother lying on the porch in the front of the house with a telephone in her hand. Negron ran to Carmen and found her covered with blood, gasping for air, and moaning.

At approximately 2:20 a.m., emergency medical technicians (EMTs) received a call directing them to the Ruiz home. They arrived minutes later. One of the EMTs treated Carmen at the front of the house and on route to the hospital. During that time, which was approximately thirty-five to forty minutes, Carmen was conscious for about thirty minutes and struggled to breathe. Her shirt was saturated with blood, and she was bleeding profusely from the abdomen. Fat and tissue protruded from one wound to her abdomen. On arrival at a hospital, this EMT had to initiate cardiopulmonary resuscitation (CPR). After CPR was performed, Carmen “moaned briefly.”

Carmen died at approximately 5:30 a.m. She had multiple stab wounds to her chest and abdomen, and some to her upper thighs (a total of ten stab wounds). Each of the two wounds to her abdomen was a mortal wound. Carmen also had several defensive wounds to her right hand.

During his booking, the defendant showed a State trooper a bruise on his right elbow and said that he got it when he fell backward when two men came at him and he “grabbed the knife.” The trooper saw no other injuries to the defendant.

The defendant testified as the sole witness for the defense. His testimony was as follows. He discussed his relationship with Negron and Matos, the difficulties he was having in his marriage with Carmen, and the understanding that Negron and Matos were not to be allowed in the house. The defendant also testified that in July, 1998, he learned from a third party about Carmen’s relationship with Negron.

According to the defendant, at about 2 a.m. on September 2, Carmen paged him and entered a code that he understood to [831]*831mean he should telephone her at home. When he did call, Carmen answered and said Negron was there. Negron got on the line and said he had to talk with the defendant. The defendant agreed. However, the defendant stayed at the home of Julissa Ruiz, a cousin, until he got another message on his pager directing him to come home.

The defendant drove home and let himself in. He greeted Matos, and headed to the kitchen where he heard Carmen talking with a male. Then Negron came at the defendant quickly, saying, “You’re a mother fucker,” and that the defendant wanted to take his woman, his “bitch.” The defendant walked backward and said, “No, you wanted to speak with me.”

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Cite This Page — Counsel Stack

Bluebook (online)
817 N.E.2d 771, 442 Mass. 826, 2004 Mass. LEXIS 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-ruiz-mass-2004.