Suspect charged in cop's slaying, held without bail
Special circumstances give prosecutors option to seek death
 07/29/2005

 
Irving Ramirez consults with Alameda County Public Defender Molly McClure at his arraignment at the Hayward Hall of Justice on Thursday. 
HAYWARD — A 23-year-old Salvadoran national was formally charged Thursday with murder in the shooting death of San Leandro police Officer Nels "Dan" Niemi, who was shot seven times while responding to a routine disturbance call late Monday night.

Several members of the San Leandro Police Department looked on somberly as Alameda County Superior Court Judge Alfred Delucchi outlined the charges against Irving Alexander Ramirez, whose street nickname is "Gotti."

Ramirez, wearing red jail garb, showed little emotion as television cameras and photographers chronicled the proceedings at the Hayward Hall of Justice.

Delucchi told Ramirez he was being charged with the murder of Niemi, who was shot to death in the 14700 block of Doolittle Drive around 11 p.m. Monday.

The judge added three special circumstances that will allow prosecutors to seek the death penalty — including the personal and intentional discharge of a firearm, shooting an officer to avoid arrest and while trying to escape, and intentionally killing an officer who was performing his duties.

He was ordered held without bail.

Delucchi informed Ramirez that he is eligible to be represented by a public defender. The judge concluded the hearing by scheduling Ramirez to return to courtTuesday for a plea and the appointment of an attorney.

For the officers who attended the hearing, witnessing Ramirez's arraignment was the start of a long healing process.

"It's been tough. The entire department is in a very somber mood," Officer Frank Moynihan said. "I think it's brought
 
David Villanueva, uncle of Irving Ramirez, speaks to the media after Ramirez's arraignment at the Hayward Hall of Justice on Thursday. "I'm very, very sorry about the policeman. I understand how painful it is," Villanueva said.
us all together."

Meanwhile, police documents revealed details of the events before and after Niemi's death.

Niemi, who was investigating a disturbance and loitering call in the far southern end of Doolittle Drive, had collected IDs from Ramirez and at least four other men who were gathered in the area that night.

As the officer talked to the men, Ramirez apparently realized that Niemi might decide to search him and the 1995 Ford Thunderbird that he had borrowed from a friend.

As Niemi turned away to radio dispatch for identification check of the men, according to the police account, Ramirez opened fire on the officer with a 10-millimeter semiautomatic handgun, striking the officer once. A source said the officer, who was wearing a bulletproof vest, was struck on the side of

 
his torso that was not protected.

Niemi collapsed to the ground, and as he struggled for his revolver, the police report states, Ramirez stood over the officer and fired six more shots in what one source called an execution-style killing. Niemi was struck once in the face, once in the leg and twice in the torso area.

The other two bullets struck Niemi's belt and his bulletproof vest. Niemi was taken to Eden Medical Center in Castro Valley, where he died about a half-hour later.

"Perhaps, in his mind, the suspect thought he was going to be arrested," Lt. Marc DeCoulode, spokesman for the San Leandro Police Department, said of the circumstances leading to the shooting.

Following the shooting, court records say, Ramirez fled the scene with a friend who was driving a Jeep, leaving behind the Thunderbird that he had borrowed. Ramirez's ID was found on the ground next to the dying officer.

According to the police report, inside the Thunderbird, which was parked about 200 feet from the shooting, investigators found a half-empty bottle of cognac, a 20-gauge shotgun and a box of shells.

A "frantic" Ramirez arrived at his Newark home about a half-hour later wearing only his underwear. His girlfriend was waiting for him when he arrived.

The girlfriend, identified in court records as Ashley Ewert, told investigators that Ramirez showered with bleach and cleanser, gathered some of his belongings and said they had to leave the house immediately.

After they got inside Ewert's Jetta and began driving away, Ewert told investigators, she asked Ramirez why he was so frantic. She said Ramirez told her, "I just killed a cop."

A Newark man who identified himself as Ramirez's uncle said he believes his nephew is innocent.

"He called me (Wednesday) from jail, and he told me he didn't do it," David Villanueva said. "He was nervous and scared, but the only thing I know is he told me he didn't do it."