Javier Hernan Ruiz, age 29, was recently ordered to serve 90 days in jail, pay a $5,000 fine and complete 36 months of probation with a treatment program on a category B felony charge of assault with a deadly weapon.
Ruiz pleaded no contest to category B felony assault with a deadly weapon from an incident that occurred on July 3, 2020.
The potential penalty for the felony includes one to six years in prison, a maximum $5,000 fine and eligibility for probation.
“This is an unfortunate crime fueled by passion and alcohol,” said Ruiz’s attorney Humboldt County Public Defender Matthew Stermitz regarding the incident in which Ruiz reportedly broke into the home of his ex-wife and attacked the man that was there with knives, which the victim said he will have scars forever from.
Stermitz told the court that Ruiz has led an exemplary life other than the incident, with minimal criminal history but said that he does have a significant substance use issue with alcohol and methamphetamine that he applied for treatment for through the court process in this case.
“We have filed an application to specialty courts,” said Stermitz. “That’s probably the best thing for Mr. Ruiz and the community; he has been here his whole life and he is going to remain in the community. The court should suspend the sentence or grant diversion and place him in specialty court as a condition of probation.”
Deputy District Attorney Richard Haas said the state would not oppose the defendant’s application for diversion in the matter, pursuant to plea negotiations.
Ruiz told the court that sobriety has changed his life and having his child, asking for an opportunity for treatment.
“I don’t want to miss any time with him (his child),” said Ruiz. “I just want to keep things on a forward path moving forward, saving money to get a house for me and my kid, change things, start a better life, become a better person in my way.”
Sixth Judicial District Court Judge Michael Montero ordered Ruiz to the maximum prison term allowed by law, 28-72 months with 15 days credit for time served and suspended the sentence to place Ruiz on a term of probation with jail time.
Ruiz was ordered to serve 90 days in jail to begin immediately following his sentencing hearing. Following his release from Jail, Ruiz will begin serving 36 months of probation with a condition to obtain a substance abuse evaluation for the purposes of obtaining treatment immediately after being released from jail.
Ruiz was ordered to have no contact with the victim for the entire time of his probation and pay a $5,000 fine, $153 DNA collection and analysis fee, $15 administrative assessment fee and $500 public defender fee.
