Pueblo man claiming self-defense in fatal shooting of roommate headed for jury trial

A Pueblo judge ruled Friday there is enough evidence to send a man to trial for the alleged murder of his roommate in February.

Heather Duran, 34, was shot and killed by Francisco Ruiz on Feb. 24. Ruiz faces charges of first-degree murder as well as altering a corpse in the case.

He is claiming self-defense and told investigators following the fatal shooting that Duran had charged him with a box cutter.

Duran's boyfriend told investigators he was in the apartment when the incident occurred but did not see the shooting, Pueblo Police Detective Joe Cardona testified Friday. The boyfriend, according to an arrest affidavit, told police that prior to the shooting, Ruiz and Duran were arguing over a maintenance issue that caused water from the bathroom to drip onto Duran's bed.

He said Ruiz came into Duran's room from the hallway and pushed her onto the bed. The two then exited the room, still arguing, and Duran's boyfriend said he heard gunshots.

The boyfriend said he came out of Duran's room and saw Ruiz, who he alleged pointed a gun at him and told him to leave. He said he then saw Duran laying facedown in the hallway and, contrary to Ruiz's claim she'd rushed him with a weapon, she had nothing in her hands.

More: Pueblo man accused of murder said February shooting was self-defense

Another woman who was in the house at the time said she also did not witness the shooting, but didn't see anything in Duran's hands when forced to step over her body, Pueblo PD Detective Carly Verdugo testified Friday in court.

That witness also said she saw Ruiz bend over Duran's body and told Verdugo she was confused why he would check for a pulse as Duran was clearly dead.

Jeff Lindsey, chief deputy for the 10th Judicial District Attorney's Office, said in court he believes Ruiz was bending over to plant a box cutter in Duran's hand.

Verdugo testified that the bullet wound sustained by Duran had a mostly downward trajectory, with the bullet striking between the eyes and lodging in the neck. She said Dr. Daniel Lingamfelter told her the wound indicated Duran was likely bent over at the waist when she was shot. A second bullet defect also was found in the door behind Duran.

Lindsey said the evidence against Ruiz showed he deliberated to kill Duran, even if the deliberation was made quickly. He argued that Ruiz had pulled a gun on Duran during the argument and fired not just one but two shots, which he claimed showed his intent to kill her. Footprints in Duran's blood, along with witness statements, also supported the charge of altering a corpse, Lindsey said.

An attorney representing Ruiz in the case argued that his client was the one who initially called 911 and that Ruiz cooperated with police at the scene. The defense attorney claimed Duran was heard making threatening comments to Ruiz before the shooting.

Judge Allison P. Ernst decided that under the rules of a preliminary hearing, there was sufficient evidence of all charges against Ruiz to continue to trial.

Ernst set a $1 million bond in the case, reasoning that Ruiz was not allowed to have a gun at the time he shot Duran and that there were "disturbing allegations" against Ruiz in another case: he was charged just more than a month after Duran's death with possession of explosives and incendiary parts.

Ernst also cited alleged comments made by Ruiz in a 2022 case, in which he allegedly threatened to shoot at police officers if they were called on him. Ernst made a determination earlier Friday that charges would also move forward in that case, in which Ruiz allegedly threatened his former girlfriend with a firearm.

Ruiz's next appearance in court in the Duran case is scheduled for Aug. 17.

All suspects are innocent until proven guilty in court. Arrests and charges are merely accusations by law enforcement until, and unless, a suspect is convicted of a crime.

Questions, comments, or story tips? Contact Justin at jreutterma@gannett.com. Follow him on Twitter @jayreutter1. Support local news, subscribe to The Pueblo Chieftain at subscribe.chieftain.com.

This article originally appeared on The Pueblo Chieftain: Pueblo man who shot and killed roommate headed for trial