Why Newark woman suspected in crime spree three years ago was not charged

A Newark woman, suspected in a 48-hour crime spree in California, was attempting a daring escape by driving toward police when an officer opened fire at the woman's rental car, wounding her and her friend from Philadelphia, authorities said.

California authorities began investigating the police-involved shooting while the Delaware woman, Rickita James, was recovering and facing several criminal charges including possession of a stun gun, identity theft, shoplifting and reckless evading.

Since this incident, charges against 33-year-old James have been dropped after California authorities called into question San Mateo, California, Officer Juan Ramirez's actions on Sept. 28, 2019.

"There was evidence to support filing theft charges against Rikita James and her accomplice," San Mateo County District Attorney Steve Wagstaffe told Delaware Online/The News Journal. "But I decided to exercise prosecutorial discretion and not charge them with any crimes.

"Both of the women were shot by Officer Ramirez and Ms. James suffered severe injuries that will incapacitate or severely limit her mobility the rest of her life. Particularly since the decision to prosecute Officer Ramirez was a very close one and in a sense of justice, I decided the two women should not be further impacted by a criminal prosecution."

James, who according to public records lives in Atlanta, could not be reached for comment. Relatives of James, who were reached in Christiana, declined to comment.

While this matter was resolved in 2020, it is being reported now by Delaware Online/The News Journal in keeping with the newspaper's policy to follow criminal cases in which suspects are named through its resolution.

California 2019

James and her then-27-year-old friend, Taleah Johnson, flew from Philadelphia to Los Angeles on Sept. 26, 2019, according to San Mateo Police detectives.

Once in California, police said the women rented a white Chevrolet Malibu, then stole a license plate. Over the course of 48 hours, police said the women committed at least 11 thefts in southern California and the Bay Area, nine of which were at shopping malls and retail stores.

On Sept. 28 of that year, police said the women stole a temporary license plate from a vehicle in Walnut Creek before committing multiple thefts in San Jose and Palo Alto before arriving at Hillsdale Shopping Center in San Mateo that afternoon.

Background:California police release body-cam video of officer shooting woman from Newark, Delaware

Security cameras captured the women stealing at the shopping center, including taking a woman's wallet, police said. James and Johnson then used a credit card from the purse to buy gift cards at Macy's, police said.

While inside the shopping center, police said Officer Ramirez noticed the women's running car was parked in a handicapped spot without a placard. Ramirez also noticed the car's VIN was covered and the license plate belonged to another vehicle.

Ramirez called for backup as James and Johnson returned to their car. As the women left the shopping center, officers tried to stop the car.

James, who was driving, did not stop, police said. They said as officers were chasing the car, the women began throwing cut up credit cards out of the moving vehicle.

James drove into a cul-de-sac, where police blocked her in, according to the district attorney's report. She then "accelerated in the general direction of Officer Ramirez's patrol car" and Ramirez fired nine rounds at the car.

"Officer Ramirez told investigators he believed that Ms. James was about to strike him and he considered trying to jump onto his patrol vehicle to avoid being struck," the report said.

Although he was aware of the passenger, Ramirez told investigators he "felt confident that he could hit the driver."

When Ramirez approached the Malibu, the car's reverse lights came on and the vehicle started moving back — almost striking Ramirez, who fired five more rounds at the driver.

"After a brief pause, as the car came to a rest, he fired the remaining three rounds from his firearm, striking the front windshield," according to the report.

Officers approached the car, removed the women from it and began first aid until paramedics arrived.

James was shot four to six times, resulting in significant injuries, including to her lungs, kidneys and bones in both her arms, the report said. "She has lost the full use of her right arm and suffered injury to various parts of her body."

Johnson was struck two to four times. The District Attorney's report did not have her medical condition.

Serious concerns

In a letter to San Mateo Police Chief Ed Barberini, District Attorney Wagstaffe said he questioned Ramirez’s actions.

"I have serious concerns about Officer Juan Ramirez's decision to fire his weapon at the fleeing automobile and cause serious injury to two women he suspected of committing theft-related crimes," Wagstaffe wrote. "I seriously question whether Officer Ramirez acted properly in this case. However, I have no hesitancy in concluding that for the reasons set forth in the extensive detail below, it is not reasonably likely that a jury would find his conduct to be criminal."

Wagstaffe's office retained use-of-force expert David Blake to review the matter.

Blake provided possible explanations as to why Ramirez did not use a "generally taught tactic of remaining behind available cover."

"Quick judgments during tense, uncertain and rapidly evolving situations do not often rise to the level of the best decision possible," Blake wrote.

Blake was also asked about the discrepancy between Ramirez perceiving the Malibu being in front of him and video showing the officer was facing the right side of the car.

In this case, Blake cautioned against relying solely on the video evidence in assessing a rapidly unfolding high-stress incident, as it "is only 20/20 hindsight that we know the outcome of the driver's actions."

Contact Esteban Parra at (302) 324-2299, eparra@delawareonline.com or Twitter @eparra3.

This article originally appeared on Delaware News Journal: Why Newark woman shot by California police in 2019 was never charged