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Posted: 5:05 p.m. Thursday, March 1, 2012
By Martina Valverde
It is now up to a jury to decide if Mario Ramos is guilty of aggravated assault. Before they were given the case, it was another long day of testimony.
Testimony continued from the break-off point. Capt. Aaron Grigsby from the Texas Department of Public Safety once again was on the stand. Grigsby was brought in as an expert collision re-constructionist.
As I've written, there has been testimony of several collisions happening between Ramos and Oretgon. Grigsby confirmed those claims. However, Grigsby said there was no paint on the "push bumper" of Ramos' patrol car. As testified by Ramos, Ortegon is accused of reversing into Ramos' car. Grigsby also said that the collision that caused both cars to spin out. His professional opinion is the constable car is the one who exerted the force, but said the damage left behind could also prove it happened the other way around.
Next the prosecutors called several people to the stand and asked them all similar questions.
Victoria Marquez, who is currently working for Child Protective Services but previously worked for thePrecint 2 Justice of the Peace, was questioned first. She told Assistant District Attorney Dolores Reyes that Ramos did not have a good reputation for truthfulness.
In cross examination, defense attorney Joe Rosales asked Marquez if she had ever lied.
"No. Well, little white lies, of course. Everyone has," answered Marquez.
"Does that mean you're lying right now?" asked Rosales.
"No," said Marquez.
Next on the stand was Trooper Rolando Torres from the Texas Department of Public Safety. Torres said Ramos was a trooper for less than a year in 2005 or 2006, he couldn't exactly remember.
Police Chief Klaus Mansion of the Village of Vinton then took the stand. Mansion testified Ramos was an officer under his supervision in Clint and Socorro. He said he played a role in hiring Ramos in Clint, but not Socorro.
When asked about Ramos' reputation for being truthful, Mansion answered, "It's been somewhat questionable."
In cross examination, Mansion testified he was fired from Socorro in February 2009.
There was question about the next witness so the jury was asked to step out and even our KFOX 14 photographer Alex Lozano was asked not to shoot the witness, so for those reasons I'll only refer to him as "Mr. Villalobos."
Villalobos said he was driving home to Anthony, N.M. He said as he passed through Anthony, Texas, he saw a cop car already on a traffic stop. Villalobos said two or three years ago, he was pulled over by another cop. Ramos also drove up. Here is working as a police officer for the Anthony, Texas, police department. He said he put his hands out of the car window
"He just kept hitting me," said Villalobos.
"Were you ever accused of having a deadly weapon?" asked Assistant District Attorney Kyle Lasley.
"He said he was looking for a knife I had pulled on him," said Villalobos.
"Did you ever do that?" asked Lasley.
"No," answered Villalobos.
In cross-examination, Villalobos said he didn't do what the officer told him. He said he was ordered out of the car, but only put his hands out. He was ordered to the ground, but testified he didn't. Charges of assault on a peace officer were ultimately dropped against Villalobos. A video of the incident was brought into the courtroom, but before it was shown, there was discussion as to the relevance of the video.
Villalobos was ultimately not allowed to testify on the record for the jury.
The jury was then sent to lunch, but the defense attorneys and prosecutors had to stay behind to work on the charge against Ramos, who is being charged with aggravated assault. The punishment range for the second-degree felony is two to 20 years and up to a $10,000 fine.
Closing arguments are timed. It is important to note the weight is on the prosecutors to prove guilt beyond a reasonable doubt.
Reyes was first up. She told the jury they need to look over the evidence.
Reyes said there is no concrete evidence of Ramos being rammed and that's when he lost his police radio.
"Communication is critical to law enforcement," said Reyes. "If he's not being rammed, he doesn't need help." Reyes said that's why he never called for back-up.
"He's trying to justify hurting Mr. Ortegon," said Reyes.
Next the defense was up. Joe and Marc Rosales, Ramos' attorneys, set up an easel.
Joe Rosales drew a picture of the world. He said Ortegon lied about his testimony in this trial and in his sworn statement. He said it's like somebody saying they went around the world, and saying they started at one point, but never went through the countries that are just around there.
Rosales then said Ortegon lied in his testimony saying he was never on Lee Trevino Drive. Witnesses have testified that both vehicles were seen on the street.
Rosales said the state's theories weren't working for them, so they just called people in to call Ramos a liar.
"He could've stopped at any time. He was the aggressor," said Rosales about Ortegon.
Lasley was last to speak in closing arguments. When speaking about Ramos not calling out for help immediately, Lasley said, "It's completely unreasonable, his story about that. It didn't happen."
The jury is now deliberating.
I am a proud native El Pasoan. I attended El Paso High School before graduating from Parkland High School.
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