If this was your case, do you plea or go to trial?

Monello

Smarter than the average bear
PREMO Member
I am a Felon... Ex convict.
Hello, My Name is Ramon. I was the property of the state of Idaho for 5 years on the charge of
Aggravated Assault X2
Aggravated Battery X2
Weapons Charge
Enhanced Weapons Charge

They said I was looking at 35 years... I was mind blown to say the least. Scared. Never forget that feeling...
Nov. 5 2011 will for ever be sketched into my mind. I had gone for drinks at a local bar, always the start to a great story. After a few drinks a young woman (clearly very intoxicated) approached me and my daughters mother and lays on a 45 min story of an incident that happened to her a few months prior where she was kicked from a moving taxi cab by her boyfriend. Not one to be impolite I allowed her to speak. A man approaches moments after she finished..., the boyfriend... "What are you guys talking about?" Not one to lie I explained her story. I said to him "whatever happened is not my business, I think she has just has a bit to drink and perhaps that is why she is saying all this."

I couldnt help but consider maybe she was looking for help... I looked to the young woman, only to see and appalled and fierce look across her face. She reared her rum and coke and dumped directly on my blackberry. A phone all the rage at the time. Not water proof. I stood up and looked at the man and the woman and said "hey man what the hell." With a thousand yard stare looking through me, she says you calling me drunk? I Look to Him in time for him to holler out "why are you disrespecting my girl!".... Oh man here we go.

Right at this time a giant shadow emerges from the bar behind the man and the woman, I had noticed him with the boyfriend at the bar going shot for shot... A celebration for being nominated for the B.U.D.S program to become a navy seal. He was on his 2 week leave... A 6ft 3in 250 pound very intoxicated Naval man bellers "we got a problem here?".... Oh man, what did I get myself into?... I very calmly place my soaked phone back into my pocket, it shorted out and no longer working. I stood up and stuck my hand out for a hand shake. I explained I was going to pay my tab and leave. The bar was all there's. Both men shook my hand. I payed and my daughters mother began walking out.

I get 10 feet from the door, from behind I hear loud footsteps and then boom!!! I go flying through the exit. As I explode out the door both men from inside are stepping to surround me. The large man holding a 24 ounce corona bottle by the neck. Now I am not a large man by any means 5'8 170. I say this because the boyfriend is 5' 11" 220, the giant I already explained. Thats almost 500 pounds of pissed for no reason... I did the math and I was not looking for a fight. The boyfriend flanks me from me behind wraps me in a bear hug, the giant raises the large corona bottle, at the very last second I jerk my elbow out up to cover my face and bam, bottle shatters on the corner of my elbow and fumbles from his hand and shatters on the pavement. I dropped my center of weight and broke free of the bear hold right as the bar manager comes bursting from inside. She screams out "leave him alone!" Both men oddly comply and once again I extended my hand and again both men shook it.

A bit shocked and confused I walked home unaware that my path home was directly in line sight of the parking lot where their truck sat facing. Now piled into their Ford pickup they slowly fallowed me home... I get home and pull my phones battery out and place the phone in a bag of rice to dry it out. Just as I snap the ziplock closed I hear thump thump... Vehicle doors.... Silence.... My body releases an adrenaline dump. Spidy senses. Suddenly smash!!! smash!! on my house outside. They picked up my outdoor broom and were slamming into the walls... Then silence again. All of a sudden smash!!! AC unit comes smashing through my window.... I can now see both men standing outside of my window. Hands raised. "Lets go!".... Door was locked, they would have to force their way in. Im not going out there. In panic I think of 911!!! Just then I look on the table to see the bag of rice... Damn. Atleast the door is deadbolted...

At the time my residence was on the the same property as my parents and they heard the commotion. A familiar voice comes through the shattered window with authority "what the hell is going on here!" Its my Mom. All of 5'3 and She aint scared of the Devil himself. Terror strikes me. She alone with them... I had to act fast. Adrenaline pumping, breathing heavy. So scared. Piss scared.... I was scared. But I was not unprepared or ill equipped. You see what my assailants were unaware of at the time was I was a life long Martial Artist. A 3rd degree blackbelt in one style and avid student of 6 others. I looked to my wall. One completely filled martial arts weapons. Weapons I had spent hours training with. Again a snap judgment, I grabbed a 2 inch diameter stick used for stick fighting. No sharp edges. Best case scenario right?... Wrong.

I fling the door open to see my Mom face with the giant. Screaming... Everything slow motion. My Dad comes from around the corner. He says "are you ok?" I look past his shoulder to see the Giant take a step back, looked my Mom right in the eye and balls his first, he begins to **** back. Slow motion. I swim past my Dad and scream hey!!! Both mens attention turn to me. Its go time. The boyfriend again flanks my rear and again wraps me up with a bear hug. Arms pinned... Something inside me snaps... Have you ever seen Jason Born???... This time I have a stick. I **** my head far to the left exposing my attackers face. I thrust the stick like I was curling the world. Bam!! Right between the eyes!!! Im free. I spin around just in time to see the giant reaching way back with a luchbox sized fist for a haymaker. He was swinging for the fences. He wanted to knock my head off. Instinct took over.

In Martial Arts we do not reach back for giant haymakers, we throw from the hip. Before he could contort his body back to shift his weight and large frame forward, I fired my own counter punch intercepting his weight transfer and landing directly on his chin knocking him completely unconscious. His large body crumbled and came to a rest at my Fathers feet. I glanced at my astonished Father looking him in his eyes. They widen in fear. The Boyfriend is bullrushing from the rear. I spin around, stick still in hand, a flick of my wrist sends the wooden dowel smashing into both sides of his head. He drops. Its over. 15 seconds... Idaho at the time in 2011 did not have a stand your ground law at the time. Which means that nine times out of 10 in a situation, you are not allowed to defend yourself or else you may be charged as well.

The Judge took exception to the fact I was a skilled martial artist. his words would forever echo in my mind, when he said that I "had a clear and distinct advantage over the two men that night." I tried to explain to him that my snap judgment was like a police officer drawing his service weapon in the line of duty and having to make a dire decision in a moments notice. His reply will forever haunt me, he said that "you should have allowed nature to take its course and call the police afterwards."

Ladies and gentleman, if I had allowed nature to take its course I would not be here to speak about it now. It was said in the report by the two men that they "did not come to my house to speak with me. But they "just got the worst end of it." They told the cops that they fallowed me because the feared for my Daughters mother and that's why they fallowed me. Because of that I was given a no contact order. Which was later dismissed as rubish. But I was still allowed to speak with my Daughter... Well the only number I had was my Daughters mothers number. So I called to speak with my little girl. 38 times in 3 months. I decide to take my case to jury trial. No jury is gonna hear what happened and convict me! Right?

A week before trial I get called to the court house to speak with the district attorney. Hes got a deal. So i go in and sit down. He sets a stack of papers in front of me with 38 highlights on them. Phone records. Says I broke the no contact order. He was adding additional charges. The first 3 calls were misdemeanors and the 35 fallowing calls were felonies... Unless... of course I was willing to alford plea out to "one of the original felonies. We don't care which one." I was charged with 2 counts aggravated battery. 2 counts aggravated assault, a weapons charge because I had a stick and enhanced weapons charge because they said I was a weapon....

I looked to my attorney as tears welled in her eyes and her head dropped to stare at the table we all sat... Slowly she forms the words "please... Just take the offer and get on with your life, I dont want to see you get lost in the system." I was crushed. Scared out of my mind I signed the dotted line... I plead to Agg. Assualt... I was sentenced to 5 years on my very first offense. 2 years fixed 3 years indeterminate. I successfully completed Oct. 31 2017.
What I went through forever changed me. It will forever be a part of me but it does not shape who I am.
 

limblips

Well-Known Member
PREMO Member
Tough call with just one side of the story. If what the judge said is true he needs to be removed from the bench immediately and be disbarred.
 

vraiblonde

Board Mommy
PREMO Member
Patron
That was a very long story with way too many details and it took me two readings to understand (I think) what happened. Stop me when I get it wrong:

Guy talking to a drunk chick at a bar.
Her boyfriend comes over and takes exception to this.
Boyfriend's friend comes over to get involved.
They assault the guy.
Guy goes home, boyfriend et al follow him.
Boyfriend threatens guy's mother, at which point guy cuts loose with some Bruce Lee action.
Judge lays the hammer down on guy.
Guy's lawyer pressures him to take a plea deal instead of jury trial.
Guy does 5 years in jail.

If that story is true, then the judge needs to be held accountable and the lawyer needs to be charged with malpractice. No jury in the world would convict this guy - again, if his story is true.

Maybe the boyfriend is the Mayor's kid or something? That's the only reason I can think of why the judge AND the DA would try to railroad this guy who was clearly (according to his story) defending himself and his mother. There's a lot we don't know, but my take is that this story is greatly embellished.
 

Monello

Smarter than the average bear
PREMO Member
I have never been in the situation where I'm facing jail time and get a plea offer. But I can understand how someone that is innocent, or feels their actions were not illegal, would take a deal.

The A & E channel has a lot of crime shows. Film crews follow actual defendants and lawyers around. This 1 young guy got in a fight. He felt he was in the right. He even had a short video of the event. The DA offered a deal with no jail time if he just admitted guilt. The man felt he wasn't guilty. There was also a hearing to drop the charges scheduled. The guy wanted to wait to see if his charges got dropped. If they weren't then he was going to take the deal. The charges weren't dropped. Then the DA pulled the deal off the table. Watching this play out, you felt for the guy because in hindsight it would have been all over if he just took the original deal.

Anyway at trial he was found not guilty.
 
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