Slaying suspect: I beat man to defend myself
Guatemalan’s death will test revised ‘stand your ground’ law
Prosecutors say the group of young men decided to go “hunting for Guatemalans” — that’s how Onésimo Marcelino López-Ramos wound up dead with his head cracked open.
But now David Harris, charged with murder in a 2015 Palm Beach County case called a hate crime, is invoking a “stand your ground” self-defense claim, and asking the judge to toss out the case. He says he beat LópezRamos, 18, with an ax because he feared for his life.
The “stand your ground” law says someone does not have to retreat and can legally use deadly force if the person reasonably believes doing so is necessary “to prevent imminent death.”
The Florida law, enacted in 2005, was
changed this year, shifting the burden of proof from the defense to prosecutors. Before, the onus was on those charged to prove to the court their deadly acts were justified based on the strength of the evidence.
The Harris case is among the first South Florida tests of the revised “stand your ground” law.
Now, after defendants bring a “stand your ground” claim, prosecutors have the challenge of presenting witnesses and making the case to a judge that defendants don’t qualify for immunity from felony charges, based on “clear and convincing evidence.”
Prosecutors opposed the new burden-shifting legislation, calling it a tougher legal hurdle that will make it harder for them to convict violent criminals.
One argument made by prosecutors, before the new law took effect, is that it’s difficult to prove what the person was thinking prior to using a deadly weapon. Another is that it forces prosecutors to reveal much of their trial strategy at a pre-trial hearing, giving defense counsel more of an advantage if and when the case goes before a jury.
It already has been declared unconstitutional in recent months by two Miami judges who found that only the state Supreme Court, not the Legislature, had the authority to shift the “stand your ground” burden to prosecutors.
The Miami court rulings are expected to be reviewed on appeal to higher courts, but in the meantime are not binding on trial judges across the state.
Palm Beach County Circuit Judge Samantha Schosberg Feuer scheduled the next hearing for Harris on Jan. 23, with his trial tentatively set for early April.
Along with Harris, 22, two other men are charged with first-degree murder: his brother, Jesse Harris, 21, and a friend, Austin Taggart, 22. Only David Harris has made a self-defense claim; trials for the other men have not yet been scheduled.
Authorities say LópezRamos’ assailants admitted to using a slang term for their intention to go “hunting” for Guatemalans, meaning to stalk and rob them. Prosecutors and police said that’s what led to the violence at the victim’s home, in the 300 block of Fourth Street in Jupiter.
“They sought them out, and this young man was ultimately killed as this crime unfolded,” Police Chief Frank Kitzerow said while announcing the arrests.
David Harris denied such a motive when he took the witness stand during a Dec. 18 hearing. He said the intention for the group of six friends was to rob “anybody,” not specifically people from the Hispanic community.
When the group arrived outside López-Ramos’ home about 1:30 a.m. April 18, 2015, tensions quickly rose, Harris testified.
He said LópezRamos’ older brother, Elmer, armed himself with an ax, and someone uttered a gun threat. Harris said he was “triggered” when LópezRamos touched him, so he instinctively shoved him back.
Franklin Prince, attorney for Harris, said only Elmer López-Ramos had a “deadly weapon” — the ax — when the fight began.
Harris “overheard the alleged victims talking about a firearm thus causing the fear and [this] prevented the defendant from any retreat,” Prince argued.
Moments later, Harris picked up the ax after it was dropped, and Onésimo López-Ramos grabbed a pipe and “tried to swing at me,” Harris said.
“I told him to drop his weapon. He swung the pipe at me again,” he recalled.
Harris said he felt he had to defend himself and his brother, so he swung the handle of the ax down on the back of LópezRamos’ head.
“I didn’t think that it would kill him or do critical damage,” Harris said. “I didn’t know he was dead until I heard it on the news.”
Assistant State Attorney Jill Richstone challenged the account: “Parts of his brain were out on the ground, that’s how hard you hit him in the head.”
Harris explained he just assumed López-Ramos had been knocked out, and he blamed his friend Taggart for inflicting the final blow before the group fled at the sound of approaching police sirens.
The prosecutor said Harris was clearly the aggressor and had no basis for “stand your ground” immunity.