mugshot
Thaddeus S. Ruelas [Photo courtesy Arizona Attorney General’s Office]

A Tucson man serving more than 50 years in prison after being convicted in 2016 of 20 drug-related felonies has had his sentence reduced by several years following an appeal and a petition for post-conviction relief.

Thaddeus S. Ruelas was found guilty at trial of weapons misconduct; using an electronic communication in a drug-related transaction; transporting, selling, or offering to sell methamphetamine; possession of heroin and cocaine, and conspiracy to commit money laundering. He was initially sentenced to 50.5 years as a category three repetitive offender based on five prior felony convictions before his arrest.

Read more by Terri Jo Neff >>

Then last year, a Pima County Superior Court judge agreed with Ruelas that he had been improperly sentenced on one of the 20 counts. The decision knocked 12.5 years off Ruelas’ overall sentence, making him eligible for release from custody in 2051 based on pre-trial jail time and potential early release credits.

However, the judge ruled against Ruelas’ other claim that the trial judge abused his judicial discretion in considering three aggravating factors – the use of a deadly weapon, the pecuniary value, and the overall level of violence exhibited in the case – to support imposing prison terms for the drug charges above the presumptive level.

Ruelas, now 45, appealed the ruling to the Arizona Court of Appeals, which issued a decision last week granting review of the claim but denying relief.

“We will not disturb that ruling unless the court abused its discretion. Ruelas has shown no such abuse here,” according to the April 29 decision authored by Judge Philip Espinosa with Presiding Judge Peter Eckerstrom and Chief Judge Garye Vásquez concurring.

It was the second time the court of appeals considered Ruelas’ convictions and sentencing. In 2018, the judges ordered a correction to Ruelas’ sentencing order after determining the trial judge erred in imposing a 28-year term for one of the 20 convictions instead of 12.5 years.

That correction did not change the overall time Ruelas must spend behind bars because the term in question is being served concurrently, or at the same time, as other terms.

Court records show Ruelas and his co-defendant Isaac Roman Cooper were arrested following an investigation by the U.S. Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. A decision was made for the Arizona Attorney General’s Office to prosecute the men on state charges.

Cooper received a short prison sentence after entering into a plea agreement in 2015. He was released from the Arizona Department of Corrections in April 2018 and completed his supervised release in February 2019.



Source link

By admin