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Man Wrongfully Convicted of Rape Exonerated 35 Years Later

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  • Rafael Ruiz was convicted of sexually assaulting a woman in 1985 and declined a guilty plea deal that could have granted him a shorter sentence.
  • He had been eligible for release since 1992 but refused to admit guilt before a parole board several times. 
  • After serving a 25-year sentence, Ruiz was released from prison in 2009 and spent the past decade fighting to clear his name. 
  • With help from the Innocence Project, the victim’s rape kit was tested in 2019, proving that Ruiz’s DNA was not a match. 
  • On Tuesday, a New York judge formally exonerated Ruiz of the crime.

Name Cleared

A wrongfully-convicted New York man who spent over two decades in prison was fully exonerated on Tuesday. 

Rafael Ruiz, 60, was found guilty in a gang rape case in 1985. He was sentenced to a maximum of 25 years in prison, and ultimately served all of it. Though he was released in 2009, Ruiz spent the last decade fighting to clear his name.

His efforts were rewarded this week when a judge formally exonerated him at a hearing in State Supreme Court in Manhattan. 

“I have my freedom and now I can go on with my life,” Ruiz told the Innocence Project, the nonprofit organization that helped him through the legal process.

Long Road to Justice

In 1984, a woman was sexually assaulted on a rooftop by three men in Manhattan, New York. Shortly after the attack, she pointed detectives to the apartment that she thought the men had come from. 

The unit she identified was the home of Ruiz’s brother, who told the authorities that Ruiz had recently visited. The police tracked down Ruiz and brought him in for questioning later that night, according to the Innocence Project.  

The victim picked out Ruiz’s photo from a picture line-up, identifying him as “Ronnie,” a name he never went by. Right afterward, the victim identified him again in a one-on-one identification through a one-way mirror, a method that has been criticized for being prone to error. 

Ruiz was convicted in 1985 and was originally offered a guilty plea deal that would significantly shorten his time behind bars. But he turned down the deal, adamant about maintaining his innocence.  

“I was a man who went to court and went to trial to prove his innocence, but I was treated like I was already guilty when I stepped in there,” Ruiz told the Innocence Project.

One of Ruiz’s attorneys with the Innocence Project, Seema Saifee, told ABC that Ruiz consistently maintained his innocence multiple times before a parole board over the years. Saifee said he only implicated himself one time in a desperate attempt to be released and see his mother, who was dying of cancer.

After Ruiz was incarcerated, he received legal help from an attorney named William M. Tendy, Jr. Years into working on the case, Tendy found another man who lived on the same floor of the apartment building where the woman was attacked. This individual fit the victim’s description of the attacker and his name was Ronnie. 

After this discovery, Tendy contacted the Innocence Project to take Ruiz’s case. The Conviction Integrity Program of the New York County District Attorney’s Office also joined in on the investigation.

Efforts from the two teams uncovered the victim’s untested rape kit in 2019, and after his DNA samples did not match, Ruiz’s innocence was finally proven.    

What’s Next for Ruiz

Ruiz’s exoneration brings a mixed swirl of emotions for him and his loved ones. 

“Yesterday was an incredibly happy day for Rafael,” Saifee told the Washington Post after the judge’s order. “But at the same time, it’s remarkably devastating.”

Ruiz currently lives in the Bronx with his brother. For the past ten years, he has had a difficult time finding a job because he was listed as a felon. Even with a clear record, he expressed worry about what his next professional steps will be.

Regardless, Ruiz looks ahead with a hopeful attitude and has even found positives in the situation. 

“I lost 25 years of my life because I insisted upon my innocence and rejected plea bargains. Today feels like a huge burden off my shoulders and I look forward to living a good life moving forward,”  Ruiz told the Innocence Project.

“I guess now I might be one of the cases or life stories in those law books that someone can use and hopefully it can help them out with their cases,” he added. “That makes me feel good because I would like to see [innocent] people who got accused of doing a crime not go back into the system or lose their families or loved ones.”

The Innocence Project set up a link to Ruiz’s Amazon Wish List for those wishing to support him in some way. 

See what others are saying: (ABC) (New York Times) (NBC)

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Bodycam Footage Shows Adam Toledo Wasn’t Holding Gun When an Officer Shot Him

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  • Chicago officials released body camera footage Thursday which showed that 13-year-old Adam Toledo, who was shot and killed by police last month, had put his hands up in the air right before the officer opened fire.
  • The graphic video showed the officer, who has now been identified as Eric Stillman, yelling at Adam to stop as he chases him through an alley.
  • The teenager obeyed and stopped by a fence, where he can be seen holding what appears to be a gun behind his back. Stillman ordered him to drop it, and then shot him a split second after Adam raised his empty hands in the air.
  • The footage prompted renewed outrage, protests, and calls for an investigation. A lawyer for the Toledo family called the killing “an assassination,” while Stillman’s lawyer defended the officer, and claimed he acted appropriately.

Officer Bodycam Footage Made Public

Body camera footage released by Chicago officials Thursday showed that Adam Toledo, a 13-year-old boy killed by police last month, had his hands up when he was fatally shot.

The footage, which was released as part of a report by the city’s Civilian Office of Police Accountability (COPA), showed officers chasing Adam, who was Latino, through an alley in the predominantly Latino neighborhood of Little Village during the early hours of March 29.

The officer ordered Adam to stop. The teenager complied and halted by the side of a fence, holding what looks like a gun in one of his hands behind his back. The policeman yelled at him to drop it and show his hands.

Adam turned and lifted his empty hands, and the officer fired his weapon, striking the teenager once in the chest. The policeman is then seen administering CPR and asking him, “You alright? Where you shot?” while blood poured out of his mouth.

The COPA report published Thursday also identified the officer who shot Adam as 34-year-old Eric Stillman, who is white, and whose lawyer said he had been put on administrative duties for 30 days.

Stillman’s lawyer also argued that the shooting was justified, as did John Catanzara, president of the Fraternal Order of Police.

“He was 100% right,” Catanzara said. “The offender still turned with a gun in his hand. This occurred in eight-tenths of a second.”

Renewed Backlash and Protests

Adeena Weiss Ortiz, an attorney obtained by Adam’s family, said they are looking into taking legal action against Stillman. 

“If you’re shooting an unarmed child with his arms in the air, it’s an assassination,” she said at a news conference Thursday. 

Ortiz acknowledged the bodycam footage did appear to show Adam holding something that “could be a gun,” but argued the video must be independently analyzed to confirm.

“It’s not relevant because he tossed the gun,” she said. “If he had a gun, he tossed it.”

The American Civil Liberties Union of Illinois also echoed Ortiz’s demands on Thursday, calling for a “complete and transparent” investigation.

“The video released today shows that police shot Adam Toledo even though his hands were raised in the air,” said Colleen Connell, executive director of the ACLU of Illinois.

“The people of Chicago deserve answers about the events surrounding this tragic interaction. The anger and frustration expressed by many in viewing the video is understandable and cannot be ignored.”

Hours before the video was released, Chicago Mayor Lori Lightfoot pleaded for calm in the city, where anti-police protests have taken place in the weeks following the shooting.

“We must proceed with deep empathy and calm and importantly, peace,” she said. “No family should ever have a video broadcast widely of their child’s last moments, much less be placed in the terrible situation of losing their child in the first place.”

Some businesses in downtown Chicago boarded prepared for violence ahead of the video’s publication by boarding up their windows. City vehicles stood by to block traffic.

However, the demonstrations that took place Thursday were small, peaceful, and spread out over several parts of the city. Organizers said they plan to hold more protests Friday.

See what others are saying: (The Chicago Sun-Times) (The New York Times) (The Chicago Tribune)

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Eight Dead in Indianapolis Shooting

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  • Eight people were killed and several more were injured after a gunman opened fire at a FedEx Ground Facility in Indianapolis late Thursday.
  • The gunman took his life after opening fire. Authorities have not identified his motive yet. 
  • According to the Gun Violence Archive, in 2021, there have been 147 U.S. mass shootings, defined as verified incidents with four or more gunshot victims.
  • President Joe Biden released a statement calling gun violence “an epidemic in America,” adding, “We should not accept it. We must act.”

Eight Killed in Shooting

Eight people were killed and several others have been wounded after a gunman opened fire at a FedEx Ground Facility in Indianapolis late Thursday.

The gunman killed four people in the parking lot then four people inside before taking his own life, according to local officials. Authorities have identified the gunman and are searching his home, but have not disclosed any potential motives.

“There was no confrontation with anyone that was there,” Deputy Chief Craig McCartt of the Indianapolis Metropolitan Police Department said during a press conference. “There was no disturbance, there was no argument. He just appeared to randomly start shooting.”

Several witnesses told local outlets they initially thought the gunshots were engines backfiring or another type of mechanical noise until they saw the gunman. Some said they heard him shouting indistinctly before opening fire. The investigation is still in very early stages and victims have not yet been identified. 

The facility employs 4,500 team members. It is unclear how many were working at the time of the shooting. FedEx released a statement expressing its condolences to the victims and their families. 

“We are deeply shocked and saddened by the loss of our team members following the tragic shooting at our FedEx Ground facility in Indianapolis,” the statement read. “Our most heartfelt sympathies are with all those affected by this senseless act of violence. The safety of our team members is our top priority, and we are fully cooperating with investigating authorities.”

Gun Violence in the U.S.

This tragedy follows a recent string of mass shootings in the U.S., including in Atlanta, Colorado, Southern California, and Texas. According to the Associated Press, this is at least the third in Indianapolis this year. 

The Gun Violence Archive has logged a total of 147 mass shootings in the U.S. so far in 2021. The organization defines mass shootings as reported and verified incidents with at least four gunshot victims.

Several politicians have released statements about the shooting, including Vice President Kamala Harris, who said this pattern “must end.”

“Yet again we have families in our country that are grieving the loss of their family members because of gun violence,” she said. “There is no question that this violence must end, and we are thinking of the families that lost their loved ones.”

President Joe Biden also released a statement saying that, “Too many Americans are dying every single day from gun violence. It stains our character and pierces the very soul of our nation.”

“Gun violence is an epidemic in America,” Biden added. “But we should not accept it. We must act.”

Indianapolis Mayor Joe Hogsett echoed those remarks in a news conference. 

“The scourge of gun violence that has killed far too many in our community and in our country,” he said.

“Our prayers are with the families of those whose lives were cut short,” he added on Twitter. 

Hogsett is among 150 U.S. mayors who recently signed a letter asking the Senate to take up gun legislation, including expanding background checks.

Editor’s Note: At Rogue Rocket, we make it a point to not include the names and pictures of mass murders or suspected mass murderers who may have been seeking attention or infamy. Therefore, we will not be linking to other sources, as they may contain these details.

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Soldier Charged With Assault After Shoving Black Man in Viral Video

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  • Authorities charged Army soldier Jonathan Pentland with third-degree assault and battery on Wednesday after a viral video showed him shoving a Black man while yelling at him to leave a South Carolina neighborhood.
  • Many people, including dozens who protested outside Pentland’s home this week, condemned the confrontation as another instance of someone being attacked for “walking while Black.”
  • Pentland and others claimed the unidentified man was picking a fight with neighbors, which the man denied, but police said nothing that may have happened earlier justified Pentland’s actions.
  • If convicted, Pentland faces a $500 fine and 30 days in jail.

Viral Video

A U.S. soldier was charged with assault on Wednesday after a video that circulated online showed him yelling at and shoving a Black man in a South Carolina neighborhood.

Footage of the April 8 incident was posted to social media Monday. It shows the Army soldier, Jonathan Pentland, confronting the unidentified man and telling him to leave the neighborhood. 

The other man explains that he’s just walking through the area and doing nothing wrong, but Pentland becomes increasingly aggressive. “You better walk away,” he shouts at the man after shoving him.

“You either walk away, or I’m gonna carry your ass out of here,” he continues before adding, “You’re in the wrong neighborhood motherf*ker. Get out!”

The man then tries to tell Pentland that he lives in the neighborhood, and Pentland then asks for his address, which he does not give.

The confrontation continues with Pentland cursing and getting in the man’s face. As he does so, the man says that Pentland smells drunk. 

It’s unclear what exactly led up to the confrontation, but in the video, a woman off-camera says the man “picked a fight with some random young lady that’s one of our neighbors.”

“I don’t even know who she is. Nobody picked a fight when someone ran up on me,” the man replies. Another woman off-screen then encourages the man to leave with her, saying, “What’s your name? Come on. You don’t want no trouble.”

Video Triggers Protests Outside Pentland’s Home

After this video spread online, many social media users condemned it as another instance of someone being attacked for “walking while Black.”

In fact, protesters even began demonstrating outside of Penland’s home. Those protests started off peaceful, but deputies were then called after 8 p.m. because unknown individuals vandalized the house. That forced police to shut down access to the area and remove Pentland’s family to another location.

As far as the viral video, deputies were told that the man approached “several neighbors in a threatening manner” and that someone had asked Pentland to “intervene.”

Police did confirm that there are two reports of alleged assault against the unnamed man Pentland shoved that are being investigated. However, they also added that the man has “an underlying medical condition that may explain the behavior exhibited in the alleged incidents.”

Pentland Charged

Either way, police said whatever happened earlier did not justify Pentland’s actions. He was ultimately arrested Wednesday morning and was charged with third-degree assault and battery. He faces a $500 fine and 30 days in jail if convicted.

“We’re not going to let people be bullies in our community,” Richland County Sheriff Leon Lott said at a news conference Wednesday. “And if you are, you’re going to answer for it, and that’s what we’ve done in this case.”

On top of that, the Justice Department reportedly was investigating. Pentland’s Commanding General even issued a statement condemning his behavior, adding that Pentland “brought disrespect to @fortjackson our Army and the trust with the public we serve.”

See what others are saying: (The Washington Post) (ABC News) (Huffpost)

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