Rebecca Ruiz

MAYVILLE — Rebecca Ruiz was sentenced Tuesday by Chautauqua County Court Judge David Foley to a six-year state prison term plus five years of post release supervision for second-degree criminal possession of a weapon.

The charge is considered a Class-C violent felony and carries a minimum sentence of 3.5 years and a maximum of 15 years.

Ruiz was acquitted of all charges but the second-degree criminal possession of a weapon in March. The charges stemmed from a shooting incident that occurred around 10 p.m. on July 6, 2017 at 141 Lake Shore Drive East in the city. She was first charged with second-degree murder in the death of Julian Duman, also of Dunkirk.

During the hearing Tuesday, District Attorney Patrick Swanson asked the court to impose the maximum sentence against Ruiz, arguing that if it weren’t for Ruiz illegally possessing the firearm, Duman would be alive today.

“She could have grabbed a knife or a baseball bat. …she could have grabbed anything and Julian Duman walks through that door and he’s alive,” Swanson argued. “I would suggest in the search for justice that the court considers the illegal possession of a weapon resulted in a death … impose the maximum sentence.”

Judge Foley replied that Swanson’s argument “cuts both ways.”

“I shouldn’t necessarily be punishing her because it resulted in the death of someone, because obviously the jury found either you failed to prove that she was not justified or that she was indeed justified,” Foley said. “The jury found the defendant not guilty of the homicide. Your argument is mitigated by the fact that she was not convicted of intentionally killing anyone.”

Defense attorney Anthony Pendergrass requested that the court consider New York penal law 60.12 when determining an appropriate sentence for Ruiz.

Penal law 60.12 states that a court may “impose an indeterminate sentence of imprisonment” if “the defendant was the victim of physical, sexual or psychological abuse by the victim or intended victim of such offense.”

Pendergrass argued that because Ruiz had fired the gun in defense of herself and her children — not knowing that the man on the other side of the door was actually Duman and not her alleged abuser — 60.12 should be enacted.

The alleged abuser was ex-felon and Ruiz’s husband Walter “Waldo” Dupree.

According to court testimony in March, Duman had knocked hard on Ruiz’s kitchen door pretending to be Duprey.

“She thought that (Duprey) was going to kill her in front of her children.”

Pendergrass turned to the courtroom and pointed to Ruiz’s children, present at the hearing.

“Those boys sitting right there,” Pendergrass said. “She thought that she had to protect her children.”

Pendergrass requested that the court consider that there are other forms of justice beyond prison.

“Some people in Julian Duman’s family have come across the isle and hugged her and forgiven her for what happened to (him),” he said.

In addressing the court, Rebecca Ruiz said that the entire tragedy has changed her life for the better.

“What happened to Julian is the worst thing that has ever happened to me in my life,” Ruiz said. “But in giving all my faith to God. … He’s turned it into something good. The things I used to run to I no longer desire. I’m changed from the inside out.”

Ruiz said that if she “goes away” her children will suffer.

“That’s four more lives that could possibly be ruined,” she said. “Before this happened, I wasn’t the best mom and I made mistakes. Now I can set a better example and set them on the right path. With what happened to me and my situation, I feel that I can help other women that are going through domestic violence.”

Ruiz repeated that while not all of Duman’s family has forgiven her, some have.

“I would ask you to have compassion for me and my kids and give me a fair sentence, that’s all I ask.”

Ruiz finished by saying that no matter what the judge decides, she is going to pursue her new goal of becoming a counselor.

“If I do get sent away, I’m still going to pursue a degree in Christian Counseling,” she said. “When I do come home, I’m going to come home with a degree.”

Judge Foley directed his sentencing statements to Ruiz.

“My job is to try and balance society’s need and to protect its individuals to make sure we impose a sentence that is appropriate, but I also believe that it’s my job to make sure that if you receive a punishment, it’s a just punishment and is a punishment that is not excessive.

“Potentially you had committed a crime in defense of your own person,” Foley continued. “That mitigates your culpability. …

“However, you were found guilty of illegally possessing a weapon. I’m not going to opt out the sentencing under 60.12. I’m going to sentence you under criminal possession of a weapon in the second degree, a Class-C felony charge.”

Foley concluded: “It’s the judgment of the court that you receive a state prison term of six years plus five years of post release supervision. There is a $375 surcharge, you have 30 days to file an appeal.”

Pendergrass said after the hearing that he was surprised by the sentence but that he was positive that Foley is a very fair judge and had not come to his decision lightly.

He said he will take the next month to strategize for the appeal process.