Shootings

Ricardo Ruiz case: Judge orders psych review to avoid 'fiasco'

The judge told Ruiz he was jeopardizing his case by demanding to move forward when his attorney wasn't ready.

Ricardo Ruiz in his most recent booking photo from the Berkeley Police Department. BPD

An Alameda County Superior Court judge has ordered a man who was shot by police during a standoff in Berkeley to be assessed by a psychiatrist before his case can proceed.

The decision Friday morning appeared to come as a shock to even seasoned attorneys in the courtroom.

"This is not rational thinking," the judge said, telling defendant Ricardo Ruiz: "What you're asking for now is shooting yourself in the foot."

In most cases, it is the defense attorney who asks a judge to consider mental competency. It is rare for that ruling to come independently from the bench.

A Berkeley police officer shot Ruiz during a standoff April 13 amid a domestic violence investigation at his McGee Avenue apartment.

The Alameda County district attorney's office charged him with assault with a deadly weapon on a police officer in addition to a slew of other gun crimes.

On Thursday, prosecutor James Logan said he planned to drop some of the lesser charges and add three new counts of assault with a deadly weapon because Ruiz had pointed a high-powered air rifle at several Berkeley police officers during the standoff.

Earlier this year, Ruiz made headlines by intentionally disrupting Berkeley protests, reportedly pepper-spraying someone in February and brandishing a stun gun at another in March, and posting about his exploits on social media.

The air rifle seized during the Ricardo Ruiz investigation. *BPD*

On Friday morning, his case was set for preliminary hearing, when a judge hears key evidence to decide whether it can proceed to trial.

But the day got off to a rocky start, with defense attorney Jyoti Rekhi insisting that she could not proceed.

Rekhi has been trying to get off the case since last week, saying Ruiz has not paid her, tried to fire her and had only retained her for his initial appearances.

In court, Rekhi said she had no contract to represent Ruiz on Friday — and was only there due to an earlier judge's order.

"I maintain the posture that I cannot be ready," Rekhi told the judge, arguing that Ruiz could seek dismissal down the line due to ineffective assistance of counsel.

In most serious cases, defendants "waive time" before the preliminary hearing, giving up the right to a speedy process so their defense attorney can prepare.

Ruiz has refused to do so, which meant the critical hearing had to happen Friday.

Rekhi told the court she had explained her position to Ruiz to no avail.

On Friday morning, Judge Kimberly Colwell tried to reason with Ruiz herself, saying his hearing would be "a fiasco" if she ordered it to move forward.

"You would probably be held to answer because your attorney is not prepared, and she said why," the judge told Ruiz. "You're facing 10 years, a decade, in state prison."

"And that's what you want?" she asked him.

In response, Ruiz said he believed he had "a good amount" of evidence in his defense and was not prepared to change his position.

With the case seemingly at an impasse — as Ruiz demanded his hearing and his attorney said it wasn't possible, despite the Friday deadline looming — it was unclear what might happen next.

That's when the judge announced her ruling.

"The court is declaring a doubt," Colwell said. "I'm removing him from the criminal system. He will be put into the mental health system."

Logan, the prosecutor, appeared perplexed and asked if he could weigh in first.

"This is my decision," Colwell told him. "I have the right to do this."

Colwell said she was basing her ruling on the totality of the circumstances: Ruiz's statements and position as well as how he appeared to her Friday morning.

She also referenced the fact that Ruiz appeared to have one of his eyes closed, which Logan explained was the result of the police shooting.

Colwell said that made it "even more telling" that Ruiz was "not thinking clearly."

"I want him examined by a doctor," she continued. "If a doctor says he's competent, then absolutely, it will move forward."

The judge also granted Rekhi's motion to be removed from the case.

Ruiz, who has said he wants the public defender's office to represent him, is set to return to court June 27.