In criminal sentencing, a defendant's attempt to leverage a victim's immigration status to prevent them from reporting a crime can significantly alter the court's perception of the defendant's intent and character, potentially shifting the sentence from a lenient probation to a more serious prison term, even when the defendant claims the comment was made out of fear rather than malicious intent.
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Judge Boyd Was Going to Show Mercy… Until the Defendant Said THISAdded:
[music] >> All right, who is who is here on um Aaron Ramirez? Yeah, good to see you, Judge. Yes. Thank you, Judge. My client's walking up right now. All right.
Your Honor. Yes. Um we're here on a sentencing hearing for a PSI. I just want to ensure I believe that I had submitted applications for community supervision and a 30-day education. I just wanted to ensure that the court had those. Yes. They do. Excellent, Your Honor. Thank you. All right. Court is calling 2024 CR010525, State versus um Aaron Ramirez. Can I have parties announce for the record for the state? Kathleen Brown for the state.
For the defense? John Steinheimer for Aaron Ramirez. And are you Aaron Ramirez? Yes, Your Honor. All right, you entered a plea on January 16th to paragraph A.
You entered a plea of no contest, a PSI Mickey evaluation uh was ordered.
According to the plea bargain agreement, punishment is to be assessed at a cap of 8 years in the prison, and the state is silent on your applications, and there are uh different cases that are being taken into consideration.
Uh have both parties had a chance to review the PSI happy valuation?
>> Defense has, Your Honor. They have, Your Honor. Uh any objection from the state?
No objection, Your Honor. Any objection from the defense?
>> No objections from the defense, Judge.
All right, the state is silent. Defense, do you have any witnesses? I do, Your Honor. Yes. Um first off, I would may I make an opening statement, Judge?
>> Sure. Um Your Honor, my client has appeared timely for every court appearance in each year as of today.
He will accept responsibility uh and culpability for the crimes that he's committed, Judge. But if I may be allowed to offer some context to this, Your Honor. Yes. Um my client has has severe uh he has mental health issues, Judge.
Um and this is not to make light or to make excuses for for situation. Um my client's parents had separated when he was five. He's known one of the victims of this case and there there are two victims and they are in fact victims, Judge. Um, he's known one of the victims since he's been a child. Um, childhood friends. Um, the other victim is his childhood friend's girlfriend, Judge. Um, my client has experienced due to his parents leaving um and hardships growing up. His parents His mom was the primary influence in his life and he's raised him. His father's been in and out of the picture, Judge. Um, due to this he's he's got some sense of abandonment issues. Um, while he was growing up, his family had moved His mom had moved yearly. So, he's starting new schools. I I think the the impetus of this crime was to to maintain some kind of connection to his childhood friend. Um, when his childhood friend got into a relationship, he started feeling abandoned. This was his way to connect with him. Now, it it doesn't it it it doesn't stand logic that there is something there issues with this. Um, my client has been seeking mental health treatment before this incident and after this incident. He's still currently seeking counseling right now.
He's still engaged in counseling weekly, Your Honor. Um, further, Judge, my client is a full-time college student.
He has a job and he has never been in trouble uh never had any criminal charges levied against him before. Your Honor, if I may begin with witnesses?
Yes. Um, defense would like to call Miss Maria Ramirez. All right. Could you raise your right hand? Do you solemnly swear or affirm the testimony you give will be the truth and nothing but the truth, so help you God? I do. All right.
You can lower your hand. If you'll state your name for the record. Maria Rosalinda Ramirez.
Miss Ramirez, who are you to Aaron?
I'm Aaron's mother. Um, how old is Aaron?
Aaron is 21. He's 21 years old. Mhm.
Ma'am, uh when did you and Aaron's father separate?
He He he was 4 years old when we separated. Um, have you been the primary influence in Aaron's life? Yes, his father was in and out of his life. He would rekindle the relationship and then stop um, without any kind of explanation. So, it was really hard on Aaron to to kind of have that individual in his life and I feel like I should have noticed some of those [clears throat] things, but unfortunately, he just always presented like being such a happy, you know, kid that I just didn't see that he was going through so much, unfortunately. But, um, I feel like I failed him in that part not seeking counseling. I know now that he's seeking counseling that he has a lot of those abandonment abandonment issues and trust issues. He's been more forthcoming with his feelings, but um, it's really helped him to kind of express that. But, he wouldn't express it when he was younger. He's never been in any type of trouble, although he's always been very happy, uh, very good at school, you know, academically.
And I'm not trying to make excuses for him. I know that what he did was very serious, but I just hope that the court takes his childhood into consideration and him trying, um, his very best to kind of move forward from this uh, this situation. Are you making any excuses for his behavior now? Absolutely not.
Um, he he's he's expressed to me that he wants to atone for what he did. He is remorseful.
Um, I'm just hoping that whatever the outcome of this doesn't, um, you know, overshadow his whole life. He's young.
He wants to continue to go to school and contribute to like society. He really is a good child. He's never been in any kind of situation where he's been in trouble. So, I really feel like you know, whatever the outcome, whatever the sentencing, he can still, like, you know, overcome this and still, you know, be a good person, you know, contribute to a society. I don't think that um his actions should just overshadow his whole entire life. He's a good child. Ma'am, when when Aaron was when he was growing up, did you all move frequently?
Yeah, I struggled financially uh to support my children. Um he has a sister and so, unfortunately, we had to move around a lot. I I was I struggled. I wasn't poverty level, but yet I wasn't, you know, I made um just enough to kind of get by. So, I didn't get any kind of financial assistance, unfortunately. Um but we yeah, we had to move around a lot when he was a kid. So, I I know it it kind of hindered him from making these, like, really deep connections with kids, you know, when you've been at a school your whole life.
But unfortunately, that that was our situation. I just had to I had to move around a lot. What was he attending The second the judge hears that the defendant allegedly used the victim's immigration fears to discourage a police report, this case becomes way more serious legally. A lot of viewers focus on the hidden recording device. But for the court, the alleged attempt to stop someone from going to police can completely change how a judge views intent and character. Would you see that as fear and panic or manipulation?
different schools when you would move?
Yeah, absolutely. Yeah, unfortunately, he had to attend a lot of different schools um cuz we had to move to different locations based on what I could afford from year to year. So, Um how many schools do you think he's he's been to through high school? Like seven, seven. Yeah, at least seven. Yeah. I was I was usually able to stay in one place for about a year to two years, but um unfortunately just with my financial situation I I did have to, you know, move around to try to get something like more affordable.
So. In your personal opinion, do you think that this personal opinion, do you think that this contributed to a sense of abandonment?
Yeah, I mean I I really think that it more stems from just his father kind of coming into his life and then leaving without any kind of explanation, but it definitely hindered him from making like really long-term connections with other people because he had to, you know, he had to make friends and then start over.
Kind of like the military child, I guess, if you will, right?
Unfortunately, [clears throat] but yeah.
Do you Do you know one of the victims, Daniel Kauv lick? Yes, well, we've known him since he was about 7 years old. So, they've been childhood friends for a long time. Since he was 7? Yes.
Ma'am, is there anything else you would like the court to know?
Um just again, I I just wanted to reiterate that Aaron is a really good kid. I mean, he's never been in trouble and I don't feel that he had any type of malicious intent.
Maybe he was feeling lonely or insecure about, you know, his relationship with the victim, but um I don't think that he did this to actually hurt anyone.
So.
Thank you. Appreciate it.
>> Ma'am, do you have Do you have any and be honest, please be honest with the court, you're under oath. Do you have any reservations that if if the court were gracious enough to grant a term of community supervision that Aaron would have any issues abiding by the terms?
No, um I mean, I'm I'm home with Aaron, it's me and Aaron that live together.
So, um I oversee, you know, his daily activities and what he's doing and I'm here to support him, so I don't think that there'd be any issues with him having any kind of like What was it? I'm sorry, the community Yeah, if the if the court were to place conditions Yeah, no, I'd be able to support him in anything he does. Does And lastly, ma'am, does Aaron hang out with anyone who runs afoul of the law?
No, no. I mean, and Aaron's 21. He doesn't drink, he doesn't smoke. His idea of having fun is like maybe going to a movie or playing video games. He He's never been someone that partied or associated himself with anyone that has like a criminal record or had like, you know, like I guess bad habits. Right.
Um Thank you, ma'am. Thank you. Thank you.
Um If I may have two more, Your Honor. Yes, call your next witness. Um Ms. Dawn Pettit. Would you raise your right hand for me? Do you solemnly swear or affirm the testimony you give will be the truth and nothing but the truth, so help you God? I do. All right, you can lower your hand. State your name for the record.
Dawn Pettit. Ms. Pettit, what is your relationship to Aaron? I was his supervisor. I'm a special education teacher and he was my assistant in my classroom. And And ma'am, what kind of responsibilities Well, first off, paint us a picture of what a a special education class looks like. The class that he was my assistant in is a behavior classroom. So, we had the extreme behaviors in the in the school. We had around eight or nine kids that had extreme behavior, violent behavior, verbal behavior, aggressive behavior.
Notice what the defense is doing here strategically. They're not denying the conduct happened, they're trying to explain why it happened. In sentencing hearings, attorneys often shift from did he do it to who is this person outside the crime, childhood instability, abandonment issues, mental health treatment, all of that is being introduced to argue for probation instead of prison. And what was Aaron's responsibilities in your class, ma'am?
Um basically to support me and to watch the children and make sure that we had their behaviors under control. He also We taught the kids.
Um What's been your experience with working with Aaron? He was very calm. That's a very stressful situation. He was extremely calm. Never raised his voice, never got aggressive. Um was really sweet and nurturing with the kids. They loved him.
Um but he was strict with them and he he was a really good assistant for me cuz he you know, he followed my lead. Did he ever cause any issues in classroom? Not at all.
Um have you ever witnessed Aaron to lose his temper uh temper? No, never. Um did Aaron did Aaron meet his responsibilities? Absolutely. Did he did he ever require uh constant or infrequent uh direction or attention from you for >> Sometimes he did. Sometimes he would get lost in what he was doing and he didn't know what he didn't know what he was doing next. And when he got lost, what would he do, ma'am? He'd look at me and we'd I'd help him out, tell him what he needed to be doing. Would he do as you instructed, ma'am?
>> Yes, absolutely. Um have you ever had any disciplinary issues with Aaron? No.
Um what else can you tell us about your experience with Aaron, ma'am?
He was just a really good worker and very um he came to work every day. He did what he was supposed to.
Um very very nice, sweet person and really good a really good assistant and really good with the kids. How long have you been How long have you been a special education teacher, ma'am? I'm going on 30 years. 30 years? Yes. Thank you, ma'am. I'm about to retire, hopefully.
Congratulations, ma'am.
Um it it has it and how long did Aaron >> with you? For about a year. For about a year? So a full school year? Um no, I started in January of '24 Mhm. and he left in May.
He left in May? Yes. Okay, ma'am. Um what else would you like the the court to be aware of with Aaron?
I think he realizes he made a bad choice.
Um I don't think it was malicious intent. I'm not sure. I mean, I know that he realizes it was a bad choice.
But he has made restitution. He's gone back to school. He's taking classes.
He's gotten a night job, Mhm. which I'm sure is not a lot of fun, but um he is trying to better himself. And I realize that, you know, he did think about choice. He understands that. But I honestly don't believe that um he should be extremely punished for such a thing. I think that he could make a difference in the world and make a good person, but I don't want this to stop him from being able to better himself.
Um ma'am, do you think that Aaron uh experienced the shame for what he's done? Oh, absolutely.
Do you have any concerns with Aaron being in the community? Not at all.
Do you think, based on your experience with Aaron, do you think that he can abide by the instructions and directions of this court? Yes. Um do you think that he would be able to abide by any conditions or provisions placed upon him if he is fortunate enough to be granted community supervision? Yes.
All right, ma'am. No further questions.
I'll pass the witness.
Any questions, Your Honor? All right, thank you. Thank you.
One final witness, please. Just >> Yes. I'd like to call Johnny Campos.
Would you raise your right hand for me, please? Do you solemnly swear affirm the testimony you give will be the truth and nothing but the truth, so help you God?
Yes, ma'am. All right, you can lower your hand. State your name for the record.
>> Johnny Campos. All right, you may proceed. Thank you, Your Honor. Mr. Campos, how long have you known Aaron?
I've known Aaron about 2 and 1/2 years.
And what's the nature of that relationship, sir? I am one of his martial arts instructors and uh at one last location that I teach at and then at another school we're both uh students at a different school. So, I see him this uh Aaron about 5 days a week. 5 days a week? Yes, sir. And how long is that 5 days a week then?
Since November of 2024. And And before that?
Before that, 2 days a week. 2 days a week? Yes, sir. Um does it Now, what kind of What kind of classes are they again? It's uh martial arts.
It's American karate. Okay. Um does that require discipline? An extreme amount of discipline. Both programs are focused at a high-level competition. Um, does it require dedication to the trade? A lot of dedication. Have you Have you Does Aaron, in your opinion, does Aaron exhibit discipline and dedication?
Absolutely. Outside of him participating in the martial art, he's expected at his level to uh help teach and instruct our other students.
Um, and how is he with the other students? He's very good with our other students. Our older teenage students look up to him cuz he's been so successful in such a short amount of time. This testimony is actually huge for the defense. Judges love hearing about stability, no criminal history, school, work, structured hobbies, supportive family. Why? Because sentencing is partly about predicting future risk. The defense is basically telling the court, "This was an isolated collapse in judgment, not a pattern."
But the real question is whether the judge believes it. And he's much closer in age to them than they are to any of the other instructors.
And he also handles our special needs athletes very well. They really respond to him positively.
Um, have you ever seen Aaron lose his temper? Never. Um What else would you like the court to know about Aaron? Since I've known Aaron, he's a very, very hard worker.
Um academically, he's made one of the most impressive comebacks that I've seen. I think now he's pretty close to a 4.0 student. And where he was when I originally met him, I didn't think he would recover from that. Um he's taking huge steps to uh make his life better.
Uh and to improve himself continually.
[clears throat] You're aware of the nature and the allegations of the of the crimes? Yes, sir.
Um, have you been able to discuss that with him?
I have, yes. Um in your opinion, what's Aaron's attitude toward all this?
He's very remorseful for the decisions that he made.
>> [clears throat] >> Um his intent wasn't malicious.
Uh he just felt like he was drifting away from a friendship. And realizing how inappropriate it was to use to do what he did to maintain the relationship, do you have any reservation of Aaron being in the community? Absolutely not.
Do you think that the discipline and dedication that Aaron has shown um around you with the as a student and being a classmate, um do you think that he can follow any and all directives that this court should uh impose upon him if he's granted community supervision? Absolutely, and he has a big support network. We're going to hold him accountable and make sure that he succeeds. Can he hold himself accountable? He absolutely can.
Because we do realize that Aaron's 21 and he's an adult. Yes. Okay.
Um no further uh we'll pass the witness check.
Questions. All right, thank you.
>> questions. Thank you, Mr. Collins. Any other witnesses? No further witnesses, Judge. If I may make a summation. Sure.
All right, and and when you make your sum- summation, this is the court's issue, and it's based upon what's in the stipulation.
So, in the stipulation, it states victim had asked his mother to go inside his bedroom in an attempt to help search for a pair of headphones.
Victim lives with witness at the listed location where the offense occurred.
As witness one was inside victim one's bedroom searching for the pair of lost headphones, she located E9 behind the headboard of the victim's bed.
The witness, not knowing what E9 was, held onto E9 and showed it to victim one the next day.
Victim one did not recognize E9 and did not know how E9 ended up inside his room behind the headboard of his bed.
Victim one researched E9 using the application Google Lens and discovered E9 is used as a voice recorder.
Victim one contacted victim two and the defendant for advice on what to do with E9.
Victim two advised victim one to call the police and make an offense report while the defendant advised victim one to destroy E9.
The defendant also offered to come to victim one's home with his own cable in an attempt to investigate E9 and also suggested to victim one that it would not be in victim one's best interest to call the police as victim one's parents are immigrants and a police report would jeopardize their immigrant status. And this is the moment the entire hearing shifts up. Until now the defense had built a narrative around loneliness, emotional instability, and remorse. But once the judge reads the line about immigration status out loud, you can hear the skepticism immediately. Judges pay extremely close attention to statements that sound like intimidation, even if the defense argues there was no malicious intent behind them. That's my problem right there. So it doesn't appear when the witnesses say that he wasn't malicious to threaten somebody's immigrant status, this is what was stipulated to saying don't call the police because it's going to hinder your immigrant status or it's going to jeopardize your immigrant status that sort of says something about his frame of mind. So, I'll hear your argument.
Your honor, to respond [clears throat] directly to the court's statement.
Judge, my client We We can see my client here visually in court. Um you've heard witness testimony.
Um I believe that my client's motivations were not malicious. They were He's not In that text, he's not threatening the victim.
Um, you know, using his immigration status as some kind of leverage not to get him to report. A victim's my client is is experiencing a extreme amount of shame. Now, that shame probably does not equal to or exceed the shame that the victims probably are experiencing. I I I can I can say that confidently that my client's shame does not rise to that to their level of shame for this. Um, my client has been a friend with one of the victims, Daniel Campos, since they were kids.
Um, he's a kind and caring individual.
Um, he is a sweet kid. I've had extensive interactions with Aaron.
Um, I do not believe that he was using this as leverage uh in a malicious way and I know how that sounds and I I would If my client were using that and again, I don't believe he was, it is a poor that to use such a tactic uh to intimidate. I do not believe it was for intimidation purposes. Um, Well, I mean, what was it for? Because he's telling them, "Don't call the police because if you do, you're going to jeopardize your immigration status."
My client wishes to address the court.
All right, can you raise your right hand?
Do you solemnly swear or affirm the testimony you give will be the truth and nothing but the truth, so help you God?
Yes, ma'am. All right, you can lower your hand. Is there something you wish to say? I was genuinely afraid that he might actually lose his immigration status.
Um, um, I've known him for 14 years. I've known him he's that it's the case and throughout this whole thing I've talked to my lawyer.
I've talked to my girlfriend and that's my absolute worst fear through all of this.
I I told him that with the intent to go over and I don't honestly know if I would have talked to him about it and revealed it.
But I know that now I wanted nothing but to actually talk to him about this and I understand that I might not be able to for for however long and that the consequences might be more far-ranging than that, but but I swear that this that was not a threat to his immigration status and I didn't mean it as one. It was a comment I made out of fear.
Out of fear of what? Fear of him losing his immigration status or or not being able to do that he might get deported if he actually goes through with the police report.
I don't know how the law works and I and to that extent I didn't know that he had any kind of protection. I don't know if he does and I'm I'm very fearful of that even now.
All right. Anything else from anyone else? Your honor, I I would just say the information Just one second. Any questions with regards to facts?
Yes, I have any questions about facts.
All right. Thank you, ma'am.
Um your honor um reading the PSI report, the PSI report's recommending deferred adjudication. Um my client has been admonished by myself as to what deferred adjudication is. He's also been admonished by myself as to the consequences of violating any conditions imposed upon him. And lastly, judge, he's been admonished as to what this court will do and what their tolerant what the court's tolerance level is for any violations um and that he will be held fully accountable if he does violate and if this court does not play along. Um just I know that and he's been admonished as well that this court does believe in equity and justice and he understands that violating any terms and conditions that the court would impose upon him um what the court's going to do if he does violate those conditions. And your honor, my client's 21 years old.
Again, he's a full-time college student.
He's working. He is actively engaged in mental health treatments on a weekly basis.
He has never been in trouble before, your honor. And respectfully, we ask that the court grant a term of 8 years deferred adjudication or in the alternative, 8 years community supervision, Judge.
We do not believe he is a threat an ongoing threat to this community.
Judge Findley, I just want to correct something he said. I don't believe that that PSI recommends deferred adjudication. It only indicates that he is eligible for it. My understanding is that all PSIs don't make a recommendation as to whether a defendant should be on community supervision, only that if they are, they are eligible.
Under the law. That is correct.
Okay.
Thank you, Judge.
All right, this is what the court is going to do. The court is going to find you guilty. The court has taken in consideration 2024 CR010521, CM119, 819, and CM119820.
And I want you to know that I did listen to all of your witnesses.
And I took all of that in consideration as well as the PSI report, and as well as your statement.
Um the court is going to sentence you to 2 years in the prison, give you credit for any time served. There's a $3,000 fine. Time and money to run concurrent.
Did you review the document entitled trial court certification of defendant's rights to appeal with your attorney? Did you understand it and sign it?
I did. All right, because this is a plea bargain agreement, because I followed your plea bargain agreement, and because you waived your right to appeal, you do not have the court's permission to appeal. Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you'll need to speak to an attorney. All right, good luck to you. Judge, before speaking as if I may, but we also have that no contact order that's part of the plea agreement attached to this. No, I put I said no contact with the complainant.
>> Sorry, I meant to say sorry. No problem.
Your Honor, thank you. Yes, I don't know what court's policy is. May May my client's mother give him one last hug?
It might be the last >> No, they don't allow They don't allow that.
>> Okay, thank you, Your Honor.
>> And then we'll proceed.
Yes, we do have to take him in back. I'm sorry, Judge. All right, uh just give us a moment with that. Uh Deputy Mejia, if you can just go ahead and arrange for his items to be given, and then we'll come back with victim impact uh in a moment.
Thank you, Judge. May I Yes. go back up to the bench? All right, Dora Bravo.
The defendant's explanation here is risky, but probably necessary. He's trying to convince the judge that the immigration comment came from ignorance and panic, not from a calculated threat.
The problem is that sentencing hearings are all about credibility. And once a judge starts questioning someone's motive, every word suddenly matters 10 times more.
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