2 Facts regarding Rodriguez's murder were omitted at trial.
2006.2 Two eyewitnesses--a nurse who had been on her way to work
and a Two-Six gang member--identified the defendant as Ruiz's
shooter, who was wearing a sweatshirt at the time. The State
introduced Ruiz's testimony from the prior trial that established
that while Ruiz was talking to Rodriguez on October 20, 1995, he
saw a Hispanic male wearing a hooded sweatshirt pull out a gun
and fire five shots at them. The State also introduced the
defendant's 1995 statement in which he admitted he shot Ruiz
because he knew Ruiz was a Two-Six member and Two-Six members had
recently vandalized the defendant's car.
To establish Ruiz's 2001 death was caused by the 1995
shooting, the State presented expert forensic pathology testimony
from Dr. Nancy Jones, the assistant medical examiner that
conducted an autopsy of Ruiz.
Dr. Jones explained that pneumonia is an infection in the
lungs that reduces a person's ability to exchange air. Ruiz's
pneumonia was caused by a "community acquired" bacteria, meaning
Ruiz contracted the bacteria prior to being admitted to the
hospital on March 13, 2001. There was no way for Dr. Jones to
determine how Ruiz contracted the pneumonia-causing bacteria.
In Dr. Jones's opinion, Ruiz "died as a result of pneumonia
due to quadriplegia due to a gunshot wound to the neck." Her
opinion was not altered by the fact that Ruiz's spinal cord
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