Appeals Court Refuses To Hear From Convicted Dallas Cop Killer

L.P. Phillips
July 08, 2020 - 10:30 am

    A former Dallas gang member, who murdered a Dallas Police officer 13-years ago, has lost another attempt to avoid the death sentence. 

    Wesley Ruiz, 41, shot and killed Dallas Police Senior Cpl. Mark Nix on March 27, 2007 after a wild chase through West Dallas.

    The two cars ended up nose-to-nose when Ruiz opened fire with an AR-15 rifle.

    A Dallas County jury convicted Ruiz of capital murder.  It was during the death penalty hearing that a prison official gave, provably, incorrect testimony about Texas Department of Criminal Justice policy.

    "A. P. Merillat, a criminal investigator for the Huntsville Special Prosecution Unit, (testified) as an expert on prisoner classification. On direct examination, Merillat testified that Ruiz would receive a moderately restrictive classification if sentenced to life without parole, but that after ten years he could be promoted to a less restrictive classification 'depending on his behavior.' This testimony was indisputably incorrect; the Texas Department of Criminal Justice (TDCJ) had changed its policy in 2005, disallowing this exact reclassification." an opinion by the 5th Circuit U.S. Court of Appeals said.

    The jury sentenced Ruiz to death.  Appeals have upheld the conviction and sentence. 

    The Texas Court of Criminal Appeals dismissed his appeal in State Court.  Next, a U.S. District Judge held the federal appeal was procedurally barred. 

    Now the 5th Circuit has declined to issue a Certificate of Appealability, which would have allowed arguments.

    No execution date has been set.