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Irving Ramirez consults with Alameda
County Public Defender Molly McClure at his arraignment at the
Hayward Hall of Justice on Thursday. |
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 | 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
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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. |
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 | 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." |