Syracuse, N.Y. -- A Syracuse teen who had a 2021 murder conviction overturned was sentenced Wednesday for the same murder.
Benjamin Kemp was 15 when he shot 18-year-old Ezequiel Ruiz on Jan. 21, 2020, during a $40 marijuana drug deal. In 2021, he was convicted at trial and he was originally sentenced to 15 years to life in prison during an emotional court appearance where he apologized to the family.
Kemp, now 19, had the conviction overturned based on a piece of evidence an appellate court ruled the jury should not have seen. The court ruled he needed to have a new trial.
In late November, Kemp pleaded guilty to killing Ruiz before potentially going to trial again. He accepted Judge Mary Anne Doherty’s offer of a lesser sentence.
On Wednesday, he was sentenced to of seven and a half years to life in prison.
At his 2021 trial, prosecutors said that Kemp lured Ruiz to a South Salina Street parking lot for a $40 drug deal with the intent to rob the 18-year-old.
Kemp’s lawyers argued that Kemp didn’t intend to kill Ruiz and only pulled the trigger after he saw Ruiz reach for a realistic-looking B.B. gun. Kemp got spooked and shot Ruiz twice in the head, they argued.
Kemp was arrested a few days after the shooting. While in a police interview room, Kemp told his father he “was only supposed to rob the dude.”
Prosecutors told the jury the statement to his father was a confession. Later the appellate court found the statement should not have been used as evidence at trial.
Despite the conviction being overturned, the prosecution’s case did not hinge on the confession. Security footage, texts and photos were also key evidence in the trial.
On Wednesday, the victim’s family did not attend Kemp’s re-sentencing. Prosecutor Michael Manfredi said that he spoke to Ruiz’s mother who said she never wanted to come back to Syracuse or see Kemp again.
Kemp still took the opportunity in court Wednesday to apologize again for his actions and for the harm he caused as a result of his decisions that winter night.
Staff writer Anne Hayes covers breaking news, crime and public safety. Have a tip, a story idea, a question or a comment? You can reach her at ahayes@syracuse.com.