FAYETTEVILLE -- A Springdale teen convicted of fatally shooting one person and badly injuring two others was given probation and a suspended sentence Wednesday in Washington County Circuit Court.
Hector Saul Ramos, 19, was charged with first-degree murder in the death of Fabian Rodriguez, 18, and two counts of first-degree battery for the shootings of Savanna Smith, 22, and Juan Araujo, 15, in the early morning hours of March 13, 2015.
Legal lingo
Negligent homicide is the killing of another person through gross negligence or without malice.
Source: uslegal.com
After three hours of deliberation Tuesday night, the jury returned with guilty verdicts on both first-degree battery counts but opted for the lesser charge of negligent homicide, a misdemeanor, rather than murder.
The jury returned Wednesday morning for the sentencing phase of the trial. Jurors recommended six months in prison, suspended, on the negligent homicide charge and five years of probation on each of the battery charges. Circuit Judge Joanna Taylor set the sentences to run concurrently.
"Hector gets to go home today. We're obviously very pleased with that, pleased with the jury's decision on that," said Justin Hurst, Ramos' attorney. "I think whenever a jury convicts then comes back with such an alternative sentence, it shows how the system works and how diligently they did their job."
Ramos faced 10 to 40 years or life in prison had he been 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 carried potential prison terms of five to 20 years each and fines of up to $15,000.
"He's ready to get back to his family and live a normal life," Hurst said. "He's been in custody over a year, so it's going to take a little bit of getting used to, but he's excited and ready to go home."
Ramos, who has a young son born just before he was arrested, apologized from the witness stand to the people he shot and to the family of Rodriguez.
"I can't imagine the pain they're going through. I'm very sorry this happened," Ramos said. "I take full responsibility for everything that happened."
Several jurors wiped away tears as Ramos' mother, Hilda Islas, spoke through an interpreter about what her oldest son means to his family.
"The best day we have every week is Sunday, when we get to go see him," Islas said. "I always say prayers for the people who have suffered because of his actions."
Prosecutor Matt Durrett urged jurors to return a stiff prison sentence for Ramos. He noted that while the Ramos family was allowed to visit him for 30 minutes each week, Rodriguez's family does not get that opportunity and that Smith is in pain every day despite four surgeries.
"It's all about his choices," Durrett said. "He took one life and changed two others forever."
Durrett charged Ramos, 17 at the time, as an adult and said he had ample time to call police before opening fire and wasn't in immediate danger. Durrett said Ramos hid the gun in a storm drain after the shooting and repeatedly lied to police about the circumstances during interviews, denying several times he was the shooter.
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.
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 fired three shots through his bedroom window, fatally striking Rodriguez and wounding Araujo, who fled. Ramos chased Araujo down the street and fired more shots, striking him again, police said. He then shot into the car where Smith was in the driver's seat.
Araujo was 14 when he was shot in the left forearm and shoulder. He said Monday that he and Rodriguez went to Ramos' home to fight with him because Ramos was in a fight earlier with one of their friends.
Smith testified through a sign language interpreter Tuesday she was forced against her will to drive Rodriguez, Araujo and two other male teens around.
State Desk on 05/05/2016