A Lancaster city man who shot a 7-year-old girl, instead of his intended rival, will get no relief from a 25-to-50-year prison term.
The Pennsylvania Superior Court ruled Thursday that Rene Ruiz-Mayo’s appeal for relief is too late and his argument doesn’t meet the exemption for untimely filings.
Ruiz- Mayo, 32, is in state prison for shooting a girl in October 2011 as she sat on a porch on West James Street.
In April 2012, Ruiz-Mayo entered into a plea agreement for the jail term in exchange for admitting to attempted homicide and numerous counts of aggravated assault.
Ruiz-Mayo fired numerous shots, he claimed, at a rival who was in a car. The girl survived after emergency surgery. Two of her relatives were grazed by bullets.
On recent appeal, Ruiz-Mayo argues that attorneys who refused to take his appeal case should’ve done so. Attorneys are only required to file appeals, if they believe the arguments have merit. Attorneys in Ruiz-Mayo’s case didn’t find merit in his appeal, so requested a Lancaster County judge to relieve them from the case, which was done.
The high court, in a 6-page filing, ruled the attorneys and judge acted appropriately.
Ruiz-Mayo’s other appeal claim – that he was sentenced “improperly” – will not be heard because it’s too late, the Superior Court ruled.
First Assistant District Attorney Christopher Larsen prosecuted the case.
Lancaster County President Judge Dennis Reinaker accepted the plea agreement and ordered sentence.
City police Detective Nathan Nickel filed charges.
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