An Oxford man behind the wheel in a fatal March 2012 crash that killed a 15-year-old friend faces up to 9 months behind bars after taking a plea deal in the case Monday at Superior Court in Derby.
Eric Ramirez, 21, pleaded no contest to charges of negligent homicide with a motor vehicle and engaging police in pursuit before Judge Charles Lee.
Though the mother of the teen killed in the crash, Brandon Giordano, said she hopes Ramirez doesn’t go to prison for his role in her son’s death, Assistant State’s Attorney John Kerwin told Judge Lee Monday he felt some jail time was appropriate.
“She does not wish to see any jail imposed as a sentence,” Kerwin said in court. “Obviously, the state disagrees and leaves it to your honor’s discretion at the time of sentencing.”
The prosecutor did not elaborate on how he and Ramirez’s lawyer, Tara Knight, arrived at the specific terms of the deal, which substituted the misdemeanor charge of negligent homicide with a motor vehicle in place of misconduct with a motor vehicle, a class D felony Ramirez faced in the case originally.
Background
Ramirez was behind the wheel of his 2000 Ford Mustang the night of March 9, 2012, when police said he failed to pull over for a Seymour police officer who was trying to stop him for having illegal “ground effects” lights on his car, then sped up Route 67 into Oxford, eventually losing control of his car.
The vehicle careened off the road in the area of Old State Road 67, hit a grassy embankment and launched nearly 60 feet through the air before hitting the side of the Precision Glass and Mirror building.
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Giordano, riding in the back seat of the car, died in the crash. Both Ramirez and another passenger, Dion Major, 16 at the time of the accident, were treated at Waterbury Hospital for non-life-threatening injuries.
Ramirez was arrested in September 2012 and is free on $10,000 bond.
No Contest
Monday’s plea deal calls for an 18-month prison sentence to be suspended after a maximum of 9 months, to be followed by two years of probation.
At Ramirez’s sentencing, scheduled for March 24, Knight will have the “right to argue” for Ramirez to be spared jail completely.
A plea of no contest, or nolo contendere, means a defendant does not dispute the charges against him, but does not admit them either -— though a judgement of guilt is entered in the case.
During Monday’s hearing, Judge Lee hesitated before accepting the plea, saying that in coming up with a sentence in the case, it’s important for Ramirez to “have the opportunity to speak, to tell the court how he views all this, and say what he feels he needs to say.”
No contest pleas are typically entered by defendants in criminal cases who are also being sued civilly, and do not want an admission of guilt in a criminal case becoming evidence at a civil trial.
“I understand the legal arguments and factors … but there does need to be an acknowledgement (of guilt) at the time of sentencing,” Judge Lee said, before approving the deal after a sidebar with Knight and Kerwin.
Lawyer: Giordano’s Mother ‘Generous and Kind’
Knight said in court that the case involved “a long, involved negotiation,” thanking Giordano’s mother, Angela Borrelli, for being “quite generous and kind, as well as vocal, about her belief that Mr. Ramirez should not go to jail because of this accident.”
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“I understand the court might differ in its opinion, as does the state,” Knight went on.
Borrelli wrote on the Valley Indy’s Facebook page Monday that she and Brandon’s sister and brother decided that “jail was not the answer here.”
She said Ramirez could do more good talking to teens about the crash.
“Brandon’s life was worth more then any punishment that could be put into order here,” Borrelli said. “Not even 20 years in prison could compensate. Jail time does no good to me, my children, or Eric!!! What Eric needs here is the ability to talk about what happened to local high schools. If he can save lives in the future with our story being shared, that my friends, would be suitable justice … Never forgotten Brandon!! I love and miss you so much!!”
After Ramirez’s appearance Monday, Knight said her client didn’t take the plea to protect himself from a lawsuit. However, she indicated the plea could help Giordano’s family, who she said is pursuing a civil claim against the Seymour police.
“It’s my understanding that Brandon Giordano’s family has an ongoing civil claim against the Seymour Police Department, and I didn’t want to interfere with that claim in any way,” Knight said. “It was not for Eric’s benefit.”
A search of state and federal databases did not turn up any lawsuits filed by Giordano’s family against the police department. However, Borrelli posted a comment at the end of the story explaining the civil lawsuit is on its way.
The Valley Indy left a message Monday with Hugh Keefe, the lawyer representing Giordano’s family, who is also Knight’s husband.
Knight said Ramirez will make a “thoughtful, comprehensive statement” at his sentencing.
“He doesn’t want to go to jail, but he understands that is within the parameters of the plea,” Knight said, adding that Ramirez “suffers daily with feelings of guilt and loss because of the death of his very close friend.”
While not absolving her client from blame, she said Seymour police “bear a huge responsibility for the loss of Brandon’s life … The decision to pursue a teenager in a high-speed chase for illegal lighting is the height of irresponsibility.”
A message was left with Seymour Police Lt. Paul Satkowski Monday afternoon.
Satkowski, who wrote a report in December 2012 clearing the officer who pursued Ramirez of wrongdoing, has stood by his findings in a previous interview with the Valley Indy.
