Ramos guilty of homicide in Springdale shooting

 Hector Saul Ramos
Hector Saul Ramos

FAYETTEVILLE -- A Springdale teen charged with murder in a fatal shooting was convicted of a lesser charge by a Washington County Circuit Court jury Tuesday night.

Hector Saul Ramos, 18, was charged with first-degree murder and two counts of first-degree battery. After three hours of deliberation, the jury returned with guilty verdicts for negligent homicide and both first-degree battery charges.

Legal lingo

Lesser included

In some cases the law which a person is charged with breaking actually covers two separate crimes, with one being more serious than the other. The second is generally called a lesser included offense. For instance, a person charged with first-degree murder, which requires premeditation, could be convicted of second-degree murder, a killing done without premeditation, or manslaughter, a killing done in the heat of passion.

Source: http://www.lectlaw.…

Circuit Judge Joanna Taylor set sentencing for 8:30 a.m. today.

Taylor had given the jury instructions for the lesser included offenses of second-degree murder, manslaughter and negligent homicide on the murder charge. The jury also had lesser battery charges to choose from but opted against those.

Ramos was 17 when he was arrested. Prosecutors chose to charge him as an adult. Ramos faced 10 to 40 years or life in prison if convicted of first-degree murder. Negligent homicide is punishable by up to a year in jail and fines of up to $2,500.

The battery charges carry prison terms of five to 20 years each.

Police found Fabian Rodriguez, 18, of 2406 Trudi Place with a gunshot wound in the yard of 32 Applegate Drive just after 3 a.m. on March 13, 2015. Rodriguez was pronounced dead at Northwest Medical Center-Springdale.

Savanna Smith, 21, and Juan Araujo, 14, arrived at the hospital with gunshot wounds shortly after the shooting. Springdale police shortly afterward described the shooting as gang-related.

Matt Durrett, prosecutor, said Ramos had ample time to call police before opening fire on Rodriguez and wasn't in immediate danger because he was in his apartment. Ramos also had time to get dressed before he pursued Araujo down the street, "shooting up the neighborhood" before finally calling police. Smith was shot for no reason, he said.

"He wanted to take care of it his way and he did," Durrett told jurors in closing argument. "Unfortunately, his way left one person dead and two others badly injured."

Durrett said Ramos hid the gun in a storm drain then repeatedly lied to police about the shooting during interviews, denying several times he was the shooter.

Ramos' attorney, Justin Hurst, claimed Ramos was acting in self-defense when Rodriguez and Araujo came to his home with a machete and a 4-foot iron pipe. Hurst said Rodriguez and Araujo had every intention of killing Ramos that night.

"Hector Ramos did one thing that night, he protected himself and protected his family," Hurst said in closing argument. "There is no question evil was on the other side of that window that night."

Hurst said police and prosecutors were second-guessing a decision Ramos had to make in seconds and under extreme stress.

"Maybe he didn't read that manual of what to do when two guys are trying to come in your house and kill you at 3 a.m.," Hurst told jurors. "He missed that chapter."

Ramos was awakened by the pair outside his apartment banging on the windows and walls, threatening him and telling him to come out and fight. Ramos' mother, two younger brothers and baby sister were also in the apartment.

Ramos' mother, Hilda Islas, said Tuesday she feared for the lives of herself and her children.

"They were yelling for him to come out but they were trying to come in," Islas said through an interpreter. "I thought at that time they were going to break the window and come in."

Ramos fired three shots through his bedroom window, fatally striking Rodriguez and wounding Araujo, who fled to a car where three other teens were waiting.

Ramos chased Araujo and fired more shots, striking him again, police said. He then shot into the car where Smith was in the driver's seat.

Araujo, who was shot in the left forearm and shoulder, said Monday he and Rodriguez went to Ramos home to fight with him because Ramos had been in a fight earlier with one of their friends.

Araujo said Rodriguez was about three feet from Ramos' window on the back side of the apartment and he was behind Rodriguez when a light came on and shots rang out.

Smith testified through a sign language interpreter Tuesday she was forced against her will to drive the teens around as they stole beer, broke into a convenience store and then made her take them to Ramos' apartment.

"The only reason they were in my car is I couldn't get away," Smith said.

Smith said she didn't know the teens before the incident. A mutual friend asked her for a ride the night before and, once in her car, they wouldn't let her leave, Smith said. The mutual friend left her with the other teens, she said. Smith said she didn't know what Rodriguez and Araujo planned to do when they got out at Applegate Apartments.

A jury of eight women and four men began hearing the case Monday. One juror, a Hispanic male, was excused before court began Tuesday morning and was replaced by a white, female alternate.

The excused juror said he learned during testimony Monday he may know or work with family members of a teen associated with the case, Ulisis Manjarez. The juror said he didn't feel comfortable continuing to hear the case.

NW News on 05/04/2016

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