Ruffin v. Mitchell

Johnny M. Ruffin, # K80541 Petitioner, v. David Mitchell^[1], as Warden of Pinckneyville Correctional Center, Respondent.

No. 3:20-cv-50050

United States District Court, N.D. Illinois, Western Division

July 6, 2021

MEMORANDUM OPINION AND ORDER

Honorable Iain D. Johnston United States District Judge

On June 26, 1999, Petitioner Johnny M. Ruffin (“Ruffin”) shot Brad Plaza, Chris Cummings, and Michael Vella in what he argued was self-defense. Although Chris Cummings and Michael Vella survived, Brad Plaza did not. After a jury trial Ruffin was convicted of second-degree murder and two counts of aggravated battery with a firearm. A long and complicated procedural history followed in state court that included multiple amended post-conviction petitions and the death of Ruffin's appointed counsel. Having exhausted the state process, Ruffin now petitions this Court for a writ of habeas corpus under 28 U.S.C. § 2254 for what he sees as a violation of his Fourteenth Amendment rights under Brady v. Maryland, 373 U.S. 83 (1963). Seeing no error in the Illinois appellate court's decision, the Court denies Ruffin's petition.

I. Background

The facts recited here are taken from the Illinois appellate court's opinions on direct appeal and on post-conviction petition. Dkt. 21-1; People v. Ruffin, 2018 IL App (2d) 170324-U. “After AEDPA, we are required to presume a state court's account of the facts correct, and the petitioner has the burden of rebutting the presumption of correctness by clear and convincing evidence.” Coleman v. Hardy, 690 F.3d 811, 815 (7th Cir. 2012). Here, the Illinois appellate court was the last state court of record because Ruffin's petition for leave to appeal to the Illinois Supreme Court was denied. Furthermore, the appellate court incorporated the facts statement from its prior decision on direct appeal. People v. Ruffin, 2018 IL App. (2d) 170324-U, ¶ 6.

a. June 26, 1999

In the early morning hours of June 26, 1999, a group of people were socializing at Vanessa Mazzola's apartment. Among other people, this included Mazzola, Brad Plaza, Heather Dresser, Jamie Hendrickson, Michael Vella, Thomas Hannah, and both Michael and Chris Cummings. Hendrickson testified at trial that Ruffin approached her and groped her inappropriately multiple times, even after she retreated to Michael Cummings-her boyfriend-for cover. After that, Hendrickson, Dresser, and Plaza left the scene, but returned within a few moments after Hendrickson told Dresser and Plaza what happened. When they returned, Plaza went to confront Michael Cummings (he was upset that Michael Cummings had not done anything about the incident), and Dresser approached Ruffin.

Dresser then yelled at Ruffin that he needed to learn some manners. Ruffin then pushed her, and so she slapped him in the face. In response, Ruffin struck her in the face. That prompted Brad Plaza, Thomas Hannah, and Michael Cummings to approach Ruffin. Ruffin also testified that Plaza had tried to punch him but missed. He also explained that a total of six or seven people were approaching him and that one had a beer bottle. Regardless, Ruffin then pulled out a gun and ran toward a nearby tree. Following him, Plaza attempted to reach for the gun, but Ruffin began firing because he thought someone might take his gun and use it against him. In the end, Ruffin shot Plaza in the neck, left shoulder, and back. Plaza later died from his injuries. Ruffin's shots also hit both Michael Vella and Chris Cummings (Michael Cummings' cousin). Both were shot in the leg while running away. These injuries were the reason Ruffin was eventually charged and convicted of aggravated battery with a firearm.

After the shooting, Ruffin fled the scene and stole a car at gunpoint, so that he could drive to Chicago. The owner then called the police and gave a description of the stolen car. About an hour later, a Kane County Sheriff's deputy spotted the car and pulled Ruffin over. Although Ruffin initially complied by pulling over, he then fled the scene again and led law enforcement on a high-speed chase that reached speeds of 100 miles per hour. State police ended the chase by ramming the vehicle, causing it to roll over onto its roof. Two deputies then approached the vehicle and one observed Ruffin pointing a gun at them, though Ruffin disputes that point. Regardless, the deputy fired five shots and incapacitated Ruffin, ending the ordeal.

b. Prior Interactions with Chris Cummings

At trial, Chris Cummings testified regarding two prior confrontations with Ruffin before the June 26, 1999 shooting. He testified that Ruffin had attempted to drive his car into Cummings three weeks before the shooting. Ruffin's account of that prior incident, however, was merely that he was trying to visit a friend and Chris Cummings and his friends were in the way. Chris Cummings testified that Ruffin then got out of his car in an aggressive manner, took a phone from one of Cummings' friends and then threw it, hitting someone in the face. Chris Cummings then apparently chased Ruffin away. About a week later, Chris Cummings saw Ruffin outside Mazzola's apartment (the same apartment where the shooting later occurred). That fact is not surprising because Ruffin lived in the same apartment complex. Chris Cummings then confronted Ruffin, who responded by running toward Cummings with his hand in his back pocket. Ruffin then slapped and kicked Cummings and then walked away, warning Cummings to watch his back. Ruffin, however, testified that Chris Cummings approached him that night and accused him of trying to run over his girlfriend the week before. Ruffins testified that Chris Cummings warned Ruffin to watch his back, rather than the other way around. That was two weeks before the shooting.

As Ruffin sees it, these prior confrontations are part of the larger story. On the night of the shootings, two weeks after the second confrontation, Chris Cummings arrived outside Mazzola's apartment after Ruffin had already showed up. At that point, Chris Cummings again accused Ruffin of trying to run him over three weeks before and Ruffin responded that tonight was not the night to mess with him. That exchange took place before Dresser confronted Ruffin. Outside of this verbal exchange, Chris Cummings was not extensively involved in the events that ended with Ruffin firing his weapon-other than, of course, being shot by Ruffin. The evidence recited by the state court shows that Thomas Hannah, Michael Cummings, and Brad Plaza were the primary individuals that intervened after Ruffin punched Dresser in the face. And Brad Plaza was the individual that reached for Ruffin's gun.

c. Sentence

Based on these events, Ruffin was charged with first-degree murder and two counts of aggravated battery with a firearm. Although the jury convicted him of the two aggravated battery charges, it found him guilty of second-degree murder instead of first-degree murder. The trial court then sentenced him to nineteen years for second degree murder, and twenty-five years for each aggravated battery conviction-all to be served consecutively.

d. Initial Appeals

On direct appeal, Ruffin argued for a new trial based on various theories. But none are important to the present petition. Ruffin began his post-conviction appeals in February 2002. On October 4, 2004, he received a favorable ruling that he did not have reasonable assistance of post-conviction counsel. So, the trial court appointed an attorney to assist Ruffin, who then filed a second-amended post-conviction petition. That attorney died. The Court then appointed another attorney to represent Ruffin. After multiple continuances that delayed the proceedings a few more years, Ruffin hired his own attorney, who then filed a third-amended post-conviction petition.

At some point in 2011, newly discovered evidence indicated that the prosecution had suppressed evidence that Chris Cummings had a prior misdemeanor battery conviction in a neighboring county.^[2] Though Ruffin had asked for this type of information during the trial and pre-trial proceedings, the prosecution never produced that information to him. Ruffin initially argued for relief under Brady v. Maryland on other grounds. His third-amended post-conviction petition, however, only included the new claim under Brady, along with three other claims that were later denied.

e. Newly Discovered Evidence-The Police Report

The evidence at the center of this habeas petition is a police report written in 1997 by the Ogle County Sheriff's Department. Dkt. 22-11, at 55-60. The underlying incident occurred on June 14, 1997. Essentially, three individuals were charged with battering Jason Kehoe at a party he attended with Kevin Armstrong and Julie Wysocki. Kehoe knew no one else there. At some point, he decided to approach and introduce himself to three men that were staring at him. They responded by burning him with a lit cigarette and punching him in the face. According to the report, Chris Cummings was the individual that punched Kehoe in the face-apparently because Kehoe had introduced himself to Chris Cummings' girlfriend earlier. Still, Cummings told the deputies that Kehoe had started the fight but that he was so drunk that his punch missed the target, though it prompted Cummings to punch Kehoe three or four times.

Brad Plaza then intervened by pulling Chris Cummings away from Kehoe- the same Brad Plaza that would later die after being shot by Ruffin. Unsurprisingly, Kehoe attempted to flee. But then several other individuals continued beating him. He ran toward another group of people, hoping for some help. Instead, they apparently also joined in the beating. Someone from the group then yelled out that they should throw Kehoe in the nearby bon fire. One of the...