Rebecca Ruiz

MAYVILLE — District Attorney Patrick Swanson and the prosecution rested its case Thursday after showing evidence that a gunshot penetrated Rebecca Ruiz’s backdoor, a bullet killed Julian Duman and that Ruiz made questionable statements during her 911 call.

AUTOPSY RESULTS

The autopsy of Duman confirms that he was killed by a gunshot wound and at the time of his murder, he was on three different drugs.

Swanson brought three witnesses that were relevant to the autopsy: Dr. Thomas Burns, Dr. Scott F. Lapoint and Dunkirk Police Detective Edward D. Paulch.

Paulch was asked simple questions that all confirmed that he transported Duman’s body from Brooks Memorial Hospital to the Erie County Medical Center, or ECMC.

Burns, who has worked at Brooks Memorial Hospital for 23 years, pronounced Duman dead at 10:33 p.m. The Dunkirk doctor stated that the heart had no rhythm upon arriving at the hospital and after treating him for 17 minutes, he was dead with blood filling his cavities.

Dr. Lapoint conducted the autopsy at ECMC. Lapoint stated the bullet traveled from his upper left chest through ribs two and three, penetrating both lungs and the pulmonary artery on the right side. The right side, according to Lapoint, was pooled with blood and was where the bullet remained.

“This projectile entered his cavity … going somewhat downward and somewhat back,” Lapoint said.

Lapoint concluded that the gunshot wound killed Duman.

The autopsy also detected multiple drugs in Duman’s body. Duman was found to have taken cannabis (in some form), hydrocodone, U-47700 and remanents of cocaine, which were inactive but stay in the body five to seven days after use. The U-47700 is similar to morphine, Lapoint said, but seven to eight times stronger.

U-47700 is a synthetic opioid that has not been medically used since the ’70s, Lapoint added, but street dealers are now selling it.

The defense asked about the effects of mixing these drugs.

“(Marijuana) compounds the effects of opioids,” Lapoint said and added, any drugs can alter judgement.

The defense attempted to confirm that Duman was likely leaning forward toward the door with his left shoulder near or against the door.

Leading defense attorney Anthony L. Pendergrass questioned Paulch to confirm his opening statement story of Duman and Ruiz’s husband Walter “Waldo” Duprey’s gun fight on July 4 during fireworks. Pendergrass came up with no positive answers as the detective said “nothing specific” comes to mind about a fight between the two.

Pendergrass was aggressive in questioning and presiding Judge David Foley consulted with the attorneys on both sides, agreeing with objections by Swanson about unrelated questions. One answer was removed from the record as Paulch stated he was “aware of a SWAT team going to the home,” after being asked about the hostage situation Pendergrass alluded to Wednesday.

Judge Foley struck the comment for being hearsay as he was not a firsthand witness.

LEARNING THE SCENE OF THE CRIME

Dunkirk Police Department’s Lt. Mark Polowy was the ninth witness brought to the stand for the prosecution’s case. Polowy, going on his 30th year in Dunkirk and fifth as lieutenant, is also the senior crime scene investigator for the department.

Polowy revealed, as the evidence was presented to him, that the bullet used was a .25 caliber gun, despite Ruiz being quoted that she thought it was a .22.

Polowy added to the story saying the key was in the deadbolt when he arrived and that there were only two keys on the ring. One was the deadbolt key that was a normal-sized door key, while the other one was small, like a safe or post office box key.

The investigation crew with Polowy found a handgun inside that was not working, a 32-millimeter round ammunition and a grip for a handgun. The handgun was not the gun that shot Duman and was not tested for DNA to see if Ruiz touched or held the weapon.

Polowy stated that there were two smudges of blood on the kitchen counter. The prosecution did not confirm whose blood it was or whether it was pertinent to the investigation. That puts into question if someone entered the house with Duman’s blood before the two walkers came to the scene from across the street.

RUIZ’S 911 CALL FOR HELP

The final witness brought to the stand by the prosecution was David Saxton, a dispatcher for the Chautauqua County Sheriff’s Office. He stated Ruiz called the police at 9:59 p.m. on July 6, 2017.

Pendergrass spoke to Saxton before the 911 call was played to the jury, asking if he listened to the recording that would be played and the recording the county Sheriff’s Office saved. He stated he did on the same day, but not side-by-side. Pendergrass argued that some things may be omitted or altered since he didn’t listen to them side-by-side.

Swanson and the prosecution asked Judge Foley if they can give a transcript out as an aid while listening to the audio, stressing it will help them understand what is being said. This was pivotal to the prosecution’s case as comments stated were the basis of the tampering with evidence charge.

Judge Foley denied the request as it was given to the court 20 minutes prior to the decision.

As the 911 call was being replayed, it could be heard that Ruiz was screaming for help over and over, stating “He’s dying, he’s dying.” There was a lot of repeated comments and Ruiz, in a frantic state, was talking over Saxton, the 911 operator, as he asked questions.

Saxton asked about the shooter and Ruiz said, “I don’t know, he ran,” which reflects Swanson’s opening statement about Ruiz’s alleged lie to the operator then admitting to the deed to the officer who arrived.

Ruiz, through off and on screams and pleas for help, said, “I thought he was Waldo, I thought he was (expletive) Waldo.”

Waldo is the nickname for her husband Walter Duprey. Duprey was released from jail in February and Duman was in a relationship with Ruiz and they lived together.

After the jury left, Swanson stated that Ruiz said, “Please get this out of here, please take it. I can’t go to jail.” The audio, though it was facing the jury and not the gallery, was difficult to piece together every sentence. The jury may replay the audio during deliberations.

Once the prosecution rested its case, the defense attempted to move the indictments out of court due to lack of evidence. Judge Foley denied the three requests to remove second-degree murder, second-degree criminal possession of a weapon and tampering with evidence.

Swanson’s defense of the tampering charge was in Ruiz’s alleged comment.

Judge Foley is unable to make court today and the next trial date set is for Tuesday, March 20 at 9:30 a.m.

Twitter: @ByKuczkowski