Court rejects appeal of man who killed pimp over prostitute

By Cy Ryan

Monday, Aug. 24, 2009 | 6:24 p.m.

CARSON CITY – The Nevada Supreme Court has rejected the appeal of Jimmy T. Kirksey, once sentenced to death for the fatal beating of a reputed pimp in Las Vegas in 1988.

A district judge in 2006 found Kirksey was mentally retarded and has ordered a new penalty hearing.

Kirksey, in his new appeal to the Supreme Court, argued he was not mentally competent at the time of his guilty plea. He said there were numerous other errors made in the handling of his case and his conviction should be thrown out.

But the court said, “As there are different standards for competency and mental retardation and because mentally retarded persons are not exempt from criminal punishment, appellant (Kirksey) fails to demonstrate that his mental retardation indicates he was incompetent at the time of his plea.”

Despite the many claims of errors, the court said Kirksey “has not introduced any facts indicating that he is actually innocent.”

This was the fourth time Kirksey’s case has been before the Supreme Court. He pleaded guilty to the killing of Michael S. Fox in the Del Mar Motel on Las Vegas Boulevard South. The two got in an argument over a prostitute.

Kirksey, now 48, has admitted to two killings in California.

In another ruling, the court rejected the appeal of David Ruffa, convicted in January 2006 of the killing of his wife, Shao Lei Ruffa, whose body was found in her burned-out sport utility vehicle near Boulder Highway and Pabco Road in Henderson.

Ruffa, now 47, was sentenced to two life terms without the possibility of parole.

He claimed his attorneys at trial and on a prior appeal were ineffective and that his conviction was not supported by the evidence.

Both Kirksey and Ruffa are in prison in Ely.

The Supreme Court also denied the appeal of Las Vegas killer Albert O. Scott, but it didn’t matter: Scott was granted parole this month and will be free from prison when he submits his release plans.

Scott claimed in his court appeal he received an illegal sentence. He was sentenced to life in prison with the possibility of parole plus a consecutive term of 20 years on an attempted murder conviction. He had already completed his 20 year term.

He was convicted of the 1975 killing of Lynette Blake in Las Vegas.