Raymond, Minnesota, man sentenced to 20 years in prison for shooting at police officer
Oct. 17—WILLMAR
— A Raymond man's motion asking a judge to set aside a jury verdict convicting him of attempted murder and three other charges for firing a weapon during a police chase was unsuccessful.
A motion for a mitigated, or lesser, sentence also was rejected by Judge Melissa Listug, and she sentenced Esteban Ramos Jr., 38, to 240 months of prison for second-degree attempted murder — with intent not premeditated.
Ramos was also sentenced in Kandiyohi County District Court to a concurrent 60 months of prison on a charge of possessing a firearm/ammunition. No adjudication was given on three lesser charges, including a count of both first- and second-degree assault, and intentional discharge of a firearm.
A charge of fleeing a police officer by means other than a motor vehicle was dismissed.
Ramos was given 612 days credit for time already served.
Under Minnesota law, convicted offenders must serve at least two-thirds of their sentence in custody and may be allowed to serve the remaining time on supervised release. According to the Minnesota Department of Corrections, Ramos' expected release date from the Minnesota Correctional Facility in St. Cloud is May 21, 2035. His sentence will end Jan. 15, 2042.
Sentencing was conducted Sept. 20.
Brandon Lauer, a public defender and Ramos' defense attorney, a month earlier had
filed a motion for Judge Listug to acquit Ramos
on all convictions, with exception to the felon in possession of a firearm charge, stating Ramos "lacked the requisite intent" on the charges of which he was convicted.
The charges stemmed from an
incident
on Jan. 15, 2022, after Ramos ran from police after an attempted traffic stop. According to the filed criminal complaint, an officer began chasing Ramos on foot before Ramos allegedly fired a handgun at the officer. The officer wasn't injured but had slipped on snow and ice while attempting to find cover, resulting in the officer losing track of Ramos.
Ramos was eventually located in a locked garage after law enforcement conducted a search of the area. He was arrested and treated for what was believed to be a self-inflicted gunshot wound to his hand.
Lauer argued circumstantial evidence detailing the trajectory of one of the recovered bullets leads to a "rational inference that Ramos did not possess the purpose or intent required" to commit attempted murder or assault, indicating Ramos did not intend to shoot at the officer.
However, a filed memorandum by First Assistant Kandiyohi County Attorney Kristen Pierce states it was proven that the shot was fired directly at the officer: "The body camera video and photographs marked by (the officer) indicate that (Ramos) intentionally stopped, turned around and waited for (the officer) before shooting."
Pierce goes on to state that Ramos is not seen falling, dropping the handgun, or saying anything before he fires.
"He is seen waiting, for (the officer) and firing directly at him based on the symmetrical muzzle flash."
In a supplemental sentencing memorandum, Lauer states, "there is ample evidence in this matter that Mr. Ramos was suffering from paranoia and genuine psychotic symptoms."
Lauer said the only reason a mental illness defense was not presented at trial is due to Ramos' "belief that the firearm must have discharged accidentally."
Lauer asked the judge to consider a downward departure, citing an upcoming federal sentence for Ramos. He asked for 120 months of prison — the mandatory minimum sentence for the first-degree assault charge — and half of the "top of the box" range in the sentencing guidelines on the attempted murder charge.
Pierce countered in her memo that there was no evidence that Ramos suffered any impairment that rose to the "extreme" level that would justify a downward departure. She argued Ramos' conduct indicated that he fully understood his actions and that he exaggerated his mental health symptoms.
