Court vacates Diaz murder conviction

PROVIDENCE, R.I. (WPRI) - The conviction's been vacated for a man convicted of murdering his girlfriend two years ago.

Juan Diaz was sentenced to life in prison in 2010 for killing his ex-girlfriend, Mayra Cruz, in 2008.

The Rhode Island Supreme Court issued a ruling Thursday morning, vacating his conviction.

Diaz's counsel appealed the conviction -- saying a judge was wrong to not acquit him on a charge of second-degree murder, because the state hadn't proved he acted with malice.

There was also, Diaz's counsel said, error by the judge in omitting the phrase "criminal negligence" in instructions to the jury about involuntary manslaughter -- making it "difficult for the jury to distinguish the crime of involuntary manslaughter from the crime of murder in the second degree," Judge William P. Robinson III wrote in Thursday's ruling.

The first part of the case, the Supreme Court upheld; the second prompted the conviction to be vacated, and the state Supreme Court is remanding the case back to Superior Court.

Diaz has maintained he shot Cruz accidentally, though he fled to New York after calling 911.

Diaz could be tried again. The Attorney General's office told Eyewitness News they're reviewing the decision and "there is nothing in the decision that would preclude the Office from re-trying the case," spokeswoman Amy Kempe said.

Background from the ruling

On Wednesday, June 25, 2008, Diaz called Pawtucket Police, saying he shot his girlfriend in the face by mistake. Cruz "had my gun and when I took it away from her it hit her right in the face," Diaz said in the phone call.

That phone call was made at 9:45 p.m., the ruling said, though the incident had actually occurred about 3 a.m., and Cruz was not breathing by the time Diaz informed the authorities.

But he didn't know what to do, Diaz said. He did try to give her CPR. He was "nervous," he said.

In the appeal, Diaz's counsel argued it could have warranted a charge of involuntary manslaughter -- though there was no malice or intention. The contention: the second-degree murder charge should have been acquitted as the defendant's counsel requested.

The high court said no; there was enough "evidence produced at trial... [that] could support a verdict of guilty beyond a reasonable doubt with respect to the charge of second-degree murder."

As for instructions to the jury, the high court determined that the jury should have gotten instructions that said involuntary manslaughter can include the concept of criminal negligence, "thereby creating a distinct and separate charge from that which was given for murder in the second degree," Judge Robinson wrote.