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Charges against Ruiz droppedBy T. JAMES MUNOZDaily Texan Staff Injury to a child charges against prison reform activist David Ruiz were dismissed Wednesday after the state’s only witness re versed her original testimony Ruiz's daughter, Eva Ruiz, filed an affidavit May 14 charging that her father hit her with the butt of a shotgun and injured her head by throwing an alarm clock at her However, she retracted the testimony she had given to police and said the allegations were not true in an examining trial presided over by Justice of the Peace Roger Moore Moore dismissed the complaint on a motion by Assistant District Attorney Rosemary Lehmberg but asked the district attorney’s office to look into the possibility of initiating charges against Eva for perjuryLehmberg said Wednesday she could not determine whether charges would be pressed against the girl but said, “My in stinct is to treat the case like any othercase ”Lehmberg said it is likely she will not file charges against Eva She added that it is typical for people to change their minds about pursuing charges against their relalivesAfter the hearing, Lehmberg said she had no other choice than to move that the charge be dismissed after her only witness impeached herself with her testimonyEva was expected to testify May 18 in a county grand jury hearing concerning her allegations against her father but never appeared at the hearing Ruiz reportedly left the state at that timeLehmberg asked Eva, 15, whether she had left the slate Bob Looney, Ruiz’s attorney, objected to the question, saying it did not pertain to the charge Ruiz was facingHowever, Moore ovemiled his objection, and Looney instructed Eva not to answer. Looney defended his action after objections from Lehmberg and said he represented the girl as an attorneyRuiz faces possible parole revocation tor violations that may include failure to report to his parole officer during June- and July leaving the slate without proper authori/a tion and possession of marijuana May 14Although the Board of Pardons and Paroles was to hold a hearing to determine whether Ruiz s parole would be* revoked, a delay was granted until the outcome of the court action was dec idedThe revocation hearing, normally held within W days of a parolee s arrest, has been suspended because Ruiz signed a time waiver allowing for a hearing extension while criminal charges were pendingRuiz remains in Travis County jail await ing an Aug. 16 hearing on a charge of pos session of marijuana Officials said they found six boxes of marijuana in Ruiz s rest dence while investigating the injury to a child charge
Newspaper Details
Austin Daily Texan
Austin, Texas, US
Thu, Jul 21, 1983
Page 7
Full Page
Clipped by
Jared T.
NA, NA 14 Aug 2023
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