‘I didn’t know it was Julian’
Dunkirk woman, 28, accused of murder in shooting of male, 21
Judge Walter F. Drag presided over the arraignment in the first stage of “The People of the State of New York v. Rebecca Ruiz.”
According to Sgt. Daniel Manzella’s deposition to the court, police received a call around 10 p.m. on Thursday from the Chautauqua County Sheriff’s dispatch reporting a shooting at the corner of Lake Shore Drive East and South Zebra Street in Dunkirk.
Manzella dispatched officers to the scene at 141 Lake Shore Drive E. — Ruiz’s address — including Officer Brian Dietzen and Sgt. Mark Gruber, both of whom presented depositions of their own to the court as evidence against Ruiz.
Dietzen reported that soon after arriving on the scene, he went to the back yard of the premises and heard Ruiz say, “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. It was a .22 I think; I threw it over there and someone grabbed it I think.”
According to the court’s felony complaint, the “Waldo” mentioned by Ruiz is Walter Duprey.
It’s the court’s contention that Ruiz intended to “cause the death of Walter Duprey,” but instead “caused the death of Julian Duman.”
Duman was reportedly found lying unresponsive in the yard outside the residence. Police say he was transported to Brooks Memorial Hospital by ambulance, where he was pronounced dead.
Ruiz was subsequently charged with second-degree murder.
No official report has been made public verifying if the .22 mentioned by Ruiz was a rifle or a handgun, or if it was the weapon used in the shooting at all, but according to a Dunkirk Police news release, “the police believe that the shooting was an isolated incident and not a random act.”
Manzella reported in his deposition that when Ruiz arrived in the booking area, “she was crying heavily and asking ‘Is he alive?’ repeatedly.” Manzella, attempting to calm Ruiz, asked if there was anything she could do to help them regarding the incident.
Ruiz repeated, “I shot him through the door,” and, “I didn’t know who it was,” and, “I thought it was Waldo.”
The arraignment Friday was short, as Ruiz entered her plea, and Judge Drag announced the date for the preliminary hearing — Wednesday at 2 p.m. at Dunkirk City Court — followed by an explanation of why Ruiz couldn’t be granted bail in the interim.
“Under the criminal procedure law, the legislature has not given the lower courts, city courts, town courts, the power to set bail when a person is charged with a (class) A felony,” Drag said. “Because I don’t have the power to set bail, Ruiz will be remanded to the county jail until Wednesday afternoon.”
Ruiz has no past reported history of violence, although since 2013, she has been arrested three times for second-degree harassment, twice for trespassing and once for larceny.
Dunkirk Police were assisted at the scene Thursday by Fredonia Police, New York State Police, the Chautauqua County Sheriff’s Office, the County Forensic Team and the District Attorney’s Office.
Anyone with any additional information can contact Dunkirk Police at 366-2266 or the confidential tip line at 363-0313.