Court said Sebastian Ruiz launched a fatal attack on Keith Moylan at his Mosman Park unit
An elderly Perth man was ‘violently and continually’ attacked in his retirement village unit after his alleged killer – a man he had never met before – shaped his ‘view that he was a creep’ over the way he treated women, the WA High Court said. it was said.
the main points:
- Keith Moylan, 76, died of a brain injury
- The court heard that Sebastian Ruiz punched and kicked him repeatedly
- But the defense says the attack did not kill Muilan
Sebastian Horacio Ruiz, 31, stands trial for kicking and punching the murderous 76-year-old Keith Moylan at his home in Mosman Park in the early hours of the morning of December 21, 2019.
Moylan was not found by a neighbor until hours later, and he died in hospital from a traumatic brain injury.
The court was told that Mr Ruiz, who was affected by alcohol and cocaine, ended up in Mr Moylan’s unit after he met a woman at a Northbridge nightclub.
The woman, who was in her twenties, was staying with Moylan on and off working with Attorney General Catherine Robinson, and said he seemed to have “shined it somewhat”.
Robinson said the woman told Mr. Ruiz “a few things” about Mr. Moylan as he drove the Uber driver back to the unit, and “the sight of it looked like it had crawled.”
The court also heard that she played audio and video recordings of Mr. Ruiz that were on her phone, which showed that the elderly man was abusing her.
Old man “punched and kicked on the ground”
When Mr. Ruiz heard the woman and Mr. Moylan arguing, he entered the unit and told the woman to pack up before confronting the old man who tried to grab his mobile phone.
Mr. Robinson said Mr. Ruiz then punched Mr. Moylan in the face, causing him to fall backward, and as he was trying to get up, Moylan said ‘It’s mine.’
“This increased the anger of the accused and kicked the deceased in the face while he was lying on the ground,” Robinson said.
“He was in a state of rage fueled by alcohol and drugs.”
The court heard that Mr. Ruiz repeatedly punched Mr. Moylan and pressed his hand around the old man’s neck, asking him “whether he still thought the way he treated women was correct”.
Robinson said Mr. Ruiz then destroyed Mr. Moylan’s unit, overturning the refrigerator, pulling out drawers and throwing their contents on the floor.
He also left a handwritten note saying “F..k you. You shouldn’t treat women this way.”
It ended with “Call me”, followed by Mr. Ruiz’s mobile phone number.
I sent pictures of bloody shoes
Mr. Robinson said Mr. Ruiz and the woman then left in her car and in the hours that followed he sent two friends pictures of his shoes that had blood on them.
Mr. Ruiz was arrested later that day and the court heard in an interview with the police, he freely admitted assaulting Mr. Moylan, who he believed was abusing the woman.
Robinson described the alleged attack as “persistent and violent” and said there was a real chance that kicking and punching Mr. Moylan’s head could cause life-threatening injuries.
But Ruiz’s attorney, Shane Brennan, told the court that the defense case was that the assault by his client did not cause Mr. Moylan’s death.
Assault “More Alert”: Defense
Brennan described the strikes inflicted by Ruiz as “more than a warning” or
“Poke” he said when Mr. Muilan tried to stand up during the alleged fatal attack, he fell and “smashed his face against the wall.”
Mr. Brennan said before Mr. Ruiz left the unit, Mr. Moylan asked him to put him to bed, which he did and “the last accused who saw the deceased was awake in his bed”.
He said his client left the note with his phone number so that Mr. Moylan could call him if he wanted to discuss what happened.
Noting that the fatal head injury may have been caused by a drunken fall, Brennan described Moylan as a “chronic alcoholic” and told the court that there would be evidence that he would sometimes “simply fall on his face”.
Mr. Brennan also claimed that Mr. Moylan may have been assaulted earlier in the night by another man, because neighbors reported hearing a loud argument about an hour before Mr. Ruiz arrived at the unit.
The trial is expected to last two weeks.