A Warsaw teenager will serve six years in prison after he shot a person in Warsaw in April 2023.
During a March 2024 jury trial, Michael Raul Ramirez, 19, Warsaw, was found guilty of aggravated battery, a level 3 felony; and two counts of pointing a firearm, both level 6 felonies.
Ramirez was sentenced in Kosciusko Superior Court I on Thursday.
For aggravated battery, Kosciusko Superior Court I Judge Karin McGrath sentenced Ramirez to nine years in the Indiana Department of Correction, with six years executed and three years suspended on formal probation. He also received one-year DOC sentences for each pointing a firearm charge, with both of those counts suspended on probation.
All three of Ramirez's charges will be served back-to-back.
In total, Ramirez received an 11-year sentence, with six years executed and five years suspended on probation.
Ramirez has 40 days of jail time credit. A no-contact order between Ramirez and the three victims involved in this case will remain in effect. He also must pay $500 in restitution, with $200 to one victim and $300 to a second victim.
McGrath said she would consider modifying the last two years of Ramirez's probation as suspended time if he was successful with the first three years of his probation.
Ramirez did not give a statement in court and said he would not appeal the sentence he received.
At sentencing, it was noted one of the victims in the case submitted a statement to the court via email. Several of Ramirez's family members were also in attendance for court proceedings.
Deputy Prosecuting Attorney Joseph Sobek said he disagreed with the probation department's recommendation for Ramirez's sentence, stating he believed the advisory sentence for a level 3 felony was appropriate. In Indiana, the advisory sentence for a level 3 felony is nine years.
He recommended Ramirez receive an 11-year sentence in total due to there being harm against more than one person and expressed the need for significant punishment since the shooting victim almost died.
Defense attorney Jay Rigdon said Ramirez respected the jury's decision and asked the court to sentence Ramirez in accordance with the probation department's recommendation.
"He understands he's got some time behind bars, but is ready to move on and grow from this," said Rigdon.
Affidavit Of Probable Cause
On April 8, 2023, Warsaw police officers responded to a shooting at 139 E. Baker St. Upon arrival, the officer saw a man with a gunshot wound laying on the ground. The residence's homeowner said the shooter, later identified as Ramirez, was behind the home.
According to court documents, Ramirez had an abrasion on the top of his head with a moderate amount of blood around it. Emergency medical personnel responded to the scene and took the man with a gunshot wound to a nearby hospital. Ramirez and three witnesses were taken to the Warsaw Police Department for interviews.
In an interview with officers, a man said Ramirez sent him messages, which led to the man going to speak with Ramirez. During Ramirez's jury trial, the man was identified as the brother of a woman Ramirez was dating at the time of the incident. The brother went with the shooting victim and two women to Ramirez's location.
Ramirez pointed a firearm at all three individuals. The victim and Ramirez then fought, with Ramirez shooting the victim.
After Ramirez shot the victim, the brother fought Ramirez to take control of the firearm and felt the barrel graze against his abdomen. The brother grabbed the firearm and secured it in a nearby vehicle.
Ramirez told officers the brother sent him threatening text messages and loaded a firearm once he saw two people outside of his home with their hoods up. He said the victim swung a fist at him, leading Ramirez to push the victim and shoot the firearm.
One of the witnesses said the brother received threatening messages from Ramirez, leading the group to go to Ramirez's residence to confront him. The witness heard a gunshot and saw Ramirez waving a firearm, threatening to shoot again. When she heard the victim yell that he was shot, she called 911.
The shooting victim said he told Ramirez to put the gun away multiple times, but Ramirez did not do so and shot him in the back. The bullet lodged itself in the victim's lung.