Johnathan Cruz Death Penalty Request

Media Release:
July 26, 2016
Contacts:
Peg McLeish (317) 327-5543; [email protected]
Michael Leffler (317) 327-5516; [email protected]
Death penalty sought against Johnathan Cruz

(Indianapolis, Ind.) Marion County Prosecutor Terry Curry announced today that his office has
filed a request with the court to seek the death penalty against Johnathan Cruz for the deaths
of Billy Boyd, Jay Higginbotham and Jose Alberto Ruiz. The shooting deaths of the three victims
are alleged to have been committed between May 12 and May 15.
The aggravating circumstances alleged against Cruz in the request for the death penalty are
that Cruz committed more than one murder and that Cruz intentionally killed the victims while
committing or attempting to commit robbery.
On May 12, Billy Boyds body was found on the sidewalk in the 3900 block of North College
Avenue. IMPD officers were dispatched to that location at approximately 12:48 a.m.
Later that same morning, Jay Higginbothams body was found on the sidewalk in the 900 block
of North Denny Street. IMPD officers were dispatched at approximately 4:23 a.m. to that
location.
On the morning of May 15, Jose Alberto Ruizs body was found in a vehicle near the intersection
of East Washington Street and North Linwood Avenue. IMPD officers were dispatched at
approximately 4:39 a.m. to that location.
In the request for the death sentence, it is alleged the following aggravating circumstances
existed at the time of Cruzs offenses:
Johnathan Cruz did intentionally kill Billy Boyd while committing or attempting to commit
the crime of robbery, which is to knowingly take property from the person or presence of
another person, by placing the other person in fear or by using or threatening the use of
force, in violation of I.C. 35-50-2-9 (b) (1) (G);
Johnathan Cruz did intentionally kill Jay Higginbotham while committing or attempting to
commit the crime of robbery, which is to knowingly take property from the person or
presence of another person, by placing the other person in fear or by using or
threatening the use of force, in violation of I.C. 35-50-2-9 (b) (1) (G);
-more-
PAGE 2 / DEATH PENALTY SOUGHT AGAINST JOHNATHAN CRUZ
Johnathan Cruz did intentionally kill Jose Alberto Ruiz while committing or attempting to
commit the crime of robbery, which is to knowingly take property from the person or
presence of another person, by placing the other person in fear or by using or
threatening the use of force, in violation of I.C. 35-50-2-9 (b) (1) (G);
Johnathan Cruz did commit the murder of Jay Higginbotham as alleged in Counts V and
VI of the Charging Information in this cause having committed another murder,
specifically: the murder of Billy Boyd, in violation of I.C. 35-20-2-9 (b)(8);
Johnathan Cruz did commit the murder of Jose Alberto Ruiz as alleged in Counts IX and
X of the Charging Information in this cause having committed another murder,
specifically: the murder of Billy Boyd, in violation of I.C. 35-20-2-9 (b)(8);
Johnathan Cruz did commit the murder of Jose Alberto Ruiz as alleged in Counts IX and
X of the Charging Information in this cause having committed another murder,
specifically: the murder of Jay Higginbotham, in violation of I.C. 35-20-2-9 (b)(8);
The next court hearing scheduled for Cruz is a pre-trial conference on July 27 at 9:00 a.m. in
Court 3.
Established under Prosecutor Curry in 2011, a review committee within the Marion County
Prosecutors Office considers death penalty eligible cases to evaluate the circumstances. The
most recent case in which the death penalty was sought in Marion County was in 2014 against
Major Davis II. Davis is accused of the murder of IMPD Officer Perry Renn on July 5, 2014. The
case remains pending.
A charge of a crime is merely an accusation, and the defendant is presumed innocent until and
unless proven guilty.
-30Notes:
The charges and probable cause affidavit filed in this case can be downloaded at:
https://www.dropbox.com/s/7mzwme9j53pmvh5/Johnathan%20Cruz%20Murder.pdf?dl=0
The Request for Death Sentence filed today can be downloaded:
https://www.dropbox.com/s/bxcyx9dp3i2sbu7/Johnathan%20Cruz%20DP%20request.pdf?dl=0

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Media Release:

July 26, 2016

Death penalty sought against Johnathan Cruz

PAGE 2 / DEATH PENALTY SOUGHT AGAINST JOHNATHAN CRUZ

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