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Accused murderer arraigned E-mail
Wednesday, 09 July 2008

 Restraining order had been dismissed the day before city woman was shot dead

By DONNA KENNY KIRWAN

PAWTUCKET — The man accused in the fatal shooting death of Mayra Cruz on June 25 was arraigned on Monday on a murder charge along with two other criminal complaints related to a violent relationship he allegedly had with her.

Juan Diaz, 24, of 14 Reservoir Ave., Pawtucket, had fled to Albany, N.Y. after the shooting, but was arrested the next day on a warrant charge for Cruz’s murder. He waived extradition and was brought back to Rhode Island on July 3.
According to Michael J. Healey, spokesman for the office of Attorney General Patrick Lynch, Diaz was arraigned on the murder charge in Providence’s District Court before Magistrate Joseph Ippolito. No plea was entered and he was ordered held without bail at the Adult Correctional Institutions. He is scheduled for a determination of attorney hearing on July 14 and a bail hearing on July 21.
Diaz also appeared in District Court to answer to two other warrant charges. A Feb. 23 warrant from Pawtucket Police charged Diaz with misdemeanor domestic-simple assault and violation of a no contact order. Cruz was the victim named in this incident, Healey said. A violation hearing was scheduled for July 21.
The other was a District Court bench warrant issued less than a week later, on Feb. 29, that was related to the Feb. 23 incident, said Healey. Diaz had failed to appear in court for a home confinement review, prompting the issuance of the bench warrant.
From there, Diaz was brought to Providence Superior Court for arraignment on assault and other charges related to a Jan. 18 domestic incident involving Cruz. He appeared before Magistrate William McAtee, who set bail at $50,000. 
The complaint alleges that in the early morning hours of Jan. 18, Diaz broke into Cruz’ apartment at Galego Court in Pawtucket, where she lived with her six-year-old daughter. He is accused of striking Cruz several times and choking her, and of ripping out the telephone from the wall. He reportedly left the apartment several hours later.
Pawtucket Police issued a warrant for Diaz’ arrest, but he was not taken into custody until six days later when he was involved in a traffic accident on School Street in the early morning hours of Jan. 24. Police say Diaz lost control of a 2000 Ford Expedition and struck a utility pole near Fenwood Street. Police saw him and another man flee the vehicle, but Diaz was apprehended by police in a yard at 570 School St.
The vehicle was registered to Mayra Cruz’ sister, Tanairi Roman of Pawtucket, who told police she had let her mother, Miriam Yousef, borrow it overnight. She said she did not know how Diaz had come to be in possession of the vehicle, according to the police report.
Diaz, who listed his address as 77 Freight St., 2nd, Providence, was scheduled to be arraigned on June 12 on charges of breaking and entering, felony assault, simple assault, disorderly conduct, vandalism, and failure to relinquish a telephone to a victim in an emergency, Healey said.
However, Diaz did not show up at his arraignment and a Superior Court bench warrant for failure to appear was issued on June 12, Healey said.
On June 25, police were called to a basement apartment at 14 Reservoir Ave. where Diaz was then living. A man alleged to be Diaz had phoned and said he had accidentally shot Cruz several hours earlier during a struggle over a gun. When police arrived, Diaz was gone and they found Cruz dead inside from a single gunshot wound to the head. Her car was found parked outside the house, and police have seized it as evidence in the case.
According to Pawtucket Police, Cruz had been in contact with a domestic violence counselor and had taken steps to have a permanent restraining order placed on Diaz. However, this action was dismissed on June 24 — the day before the alleged shooting — for failure to appear at a court hearing.
 

 

Last Updated ( Thursday, 10 July 2008 )
 
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