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'We've never seen this'; Purge killer given 3 life sentences

Madeline Buckley
madeline.buckley@indystar.com
Johnathan Cruz

Billy Boyd was killed one year ago Friday, as he walked home to care for his father with prostate cancer, his family says. He did not live to see the birth of his first grandchild. His father died shortly after him.

Three days later, Jose Ruiz was shot and killed. His daughter still has nightmares, his niece testified. His 18-year-old son has put off going to college.

"You could always call Billy in the middle of the night," his sister, Jennifer Darby, testified Thursday afternoon at the sentencing for her brother's killer, wiping away tears

Family members for 44-year-old Ruiz, 54-year-old Boyd and 40-year-old Jay Higginbotham crowded into the courtroom, sharing their pain and grief in the wake of the senseless rampage committed last year in the name of the horror film "The Purge."

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Marion Superior Judge Sheila Carlisle sentenced Johnathan S. Cruz, 20, Indianapolis, to three consecutive life sentences without parole for shooting and killing the three men in a three-day span last May. She also sentenced him to 16 years in prison for robbery, which will be served alongside the life sentences.

Cruz previously faced three murder charges and a slew of robbery, intimidation and gun charges. Marion County prosecutors in July notified the court the state would seek the death penalty in the case due to the allegation that Cruz killed three people in the commission of a robbery.

Last month, Cruz pleaded guilty to three counts of murder and one count of robbery. In exchange, prosecutors dropped the other charges and agreed not to pursue the death penalty.

Susan Leon, a niece of Ruiz, said her uncle was a father, husband, friend and godfather to many.

"If you needed anything, you could turn to him," she said.

Family members of Higginbotham declined to speak at the hearing, but noted for the court that they approved of the plea agreement.

After the hearing, Darby said many members of her family supported a life sentence from the beginning. She said she does not believe in the death penalty.

Marion County Prosecutor Terry Curry said his office took into account the defendant's possible mental health problems when considering the plea agreement. He noted that mental illness was also a factor under consideration in a recent similar case, that of Major Davis, who was convicted of shooting and killing an Indianapolis Metropolitan Police officer in 2014.

Davis also pleaded guilty to a life sentence to avoid the death penalty.

"This individual spending the rest of his life in prison is gratifying," Curry said. "He is 20 years old. His life is effectively over."

The killing spree, according to court documents, was modeled after the horror film in which the United States government designates a 12-hour period where all crimes, including murder, are legal.

To witnesses, Cruz described his violent spree as a "purge," court documents say. Investigators believed it was related to criminal gang activity.

"We see things every week that are difficult to comprehend," Curry said. "We've never seen this."

Call IndyStar reporter Madeline Buckley at (317) 444-6083. Follow her on Twitter: @Mabuckley88.