Jury returns guilty verdict against Ramos
RED OAK — A 30-year-old Red Oak man was found guilty of third degree sexual abuse more than a year and a half after being arrested for engaging in a sex act with a then 15-year-old female.
Jose Manuel Ramos was tried in front of a jury last week, which produced the guilty verdict unanimously after meeting for more than two hours. Ramos will be sentenced by Judge James Heckerman Feb. 3 at 1:30 p.m.
In March 2012, Ramos is said to have had intercourse with the teenage victim against her will, according to court records.
The victim attended a party at the home of Ramos’ friend, Jesus Ramos Torres, and admitted to being highly intoxicated and under the influence of Adderall. She went to lie down in a bed during which time Ramos, who was also intoxicated, penetrated the victim. She repeatedly told him to stop; Ramos then ejaculated on her stomach and clothing.
Torres, 22, was also arrested for inappropriately touching the victim while she was unconscious in the bed. He was found guilty last November of third degree sexual abuse and received the maximum 10-year prison sentence. While he was placed on probation instead of being sent to prison, Montgomery County Prosecuting Attorney Bruce Swanson said federal authorities took custody of Torres after sentencing. Swanson believes he was then subsequently deported back to Mexico.
Swanson expects Ramos will receive a similar sentence Feb. 3, although he says he can’t be certain if the prison sentence will be suspended or not.
“She definitely exercised poor judgment and she is paying the price for that… There were no injuries; (Ramos) didn’t chase her down and rape her. I’m not saying that, but a crime has been committed… I believe he should be held accountable for his actions,” Swanson said during his closing statement Tuesday.
Swanson also said Ramos claimed to not remember the specifics of the evening because he was intoxicated.
“I don’t dispute that he doesn’t remember because he was drunk, but the law makes no exceptions for not remembering,” Swanson said.
According to Ramos’ attorney, DeShawne Bird-Sell, Ramos may have forgotten the details of the night but did remember he did not have sex with the victim.
Bird-Sell also explained the DNA evidence, which indicated Ramos’ sperm was on the victim’s clothing, may have been contaminated. In March 2013, the defendant made a request to the court to suppress the results of the DNA test due to the potential of cross contamination.
According to court records from April, the victim’s mother and boyfriend contacted Deputy Rich Mitchell the morning after the party. He then collected the clothes she wore the previous night as evidence. All the clothes, including a sweatshirt, T-shirt, underwear and bra were placed into one bag, which was later separated and sent to a DNA lab.
Ramos’ sperm was found on the underwear and a mixture of DNA from at least two individuals, including the victim, Ramos and potentially Torres, was found on the sweatshirt hood.
Because the clothing items were initially placed in the same bag, there was a risk a cross-contamination, according to court records. The defendant’s objection was overruled.
“There were no photos taken at the scene, no rape kit and nothing was taken from Jose or Jesus… They screwed up and my client is sitting here,” Bird-Sell said in her closing statement. “She remembers seeing (Torres) over her. So I ask, where is his sperm?”
Bird-Sell, who was appointed by the public defender’s office to defend Ramos, requested a new trial after the verdict was read. Judge James Heckerman instructed her to make the recommendation via writing and once he rules on it, she will have up to 30 days to file an appeal.