The Morning Journal (Lorain, OH)
Lorain man gets 21 years for killing
Darius Ramey refused to make a statement April 27 before he was sentenced to 21 years in prison for the shooting death of 31-year-old Kenneth Shinafelt.
Ramey, 18, of Lorain, was a juvenile when he was charged with murder for the July 11, 2016, shooting on Lorain’s west side.
His plea and sentencing was part of an agreement between prosecutors and defense attorney Michael Kinlin that saw Ramey plead guilty to involuntary manslaughter, improperly discharging a firearm into a habitation, felonious assault and tampering with evidence.
As part of the agreement, Ramey cannot seek judicial release and his appellate rights are limited to issues of ineffective counsel or prosecutorial misconduct.
Before the sentence was pronounced, Shinafelt’s sister, Emily Taylor, told the court about the hole left in her family by the loss of her brother and of her hopes Ramey would turn his life around in prison.
“I will pray that the Lord guides you to a good path and some day that you’ll show remorse for our family,” Taylor said.
Shinafelt’s mother, Kim Horvath, also addressed the court and said she does not believe she has completely processed what happened to her son.
“There is an empty space in my heart that can’t be filled, and won’t be filled; it’s just the new normal that I have to learn to live with,” Horvath said flanked by her daughters.
She acknowledged her son had problems, but highlighted his spirit, wit and “very good heart.”
“He was very honest with me about what he was doing, whether I approved or not, because he knew I had unconditional love for him,” she said. “When I asked if he had a gun he said no, he could never shoot someone.”
Horvath then turned her attention to Ramey and said she felt sorry for him when she first saw him in the courtroom.
“But when you hugged your mom and grinned at me, all sympathy went out the window,” she said.
Horvath said she searched out Ramey’s Facebook page and found his last post; a video timestamped the day her son was killed.
“You filmed yourself walking around an apartment and telling your friends you were going to ‘light up the projects’ that night and everyone was going to say what,” she said.
Horvath also expressed a desire to forgive Ramey.
“I am working on forgiving you, not for you, but for my own peace,” she said. “I don’t condone what you did, and never will.
“My prayer for you is that you find God. Your heart is hard and only he can change who you are from the inside out.”
Lorain County Common Pleas Court Judge John R. Miraldi then spoke directly to Ramey.
“I’ve listened to a lot of victim’s statements in cases like this, and I don’t remember a case where every single one of the people who spoke said they would pray for you, and that they hope you make a better person out of yourself,” Miraldi said. “You sit there, believe it or not, lucky that that family has that kind of fortitude to speak about you to you like that.
“So, if you don’t want to say anything to them, that’s your choice.”
Kinlin then read a prepared statement saying that Ramey regrets the killing and that he had felt threatened when he shot and killed Shinafelt.
Miraldi again addressed Ramey directly.
“You know, one of the sentencing factors I’m supposed to consider is remorse, and you know what, I don’t see it, I don’t hear any, and that concerns me,” he said. “I’m not going to force you to apologize, but I’m worried about a young man who’s going to prison for 21 years and doesn’t have the guts to say, ‘I’m sorry to this family.’
“I hope, and my prayer for you, is that over the next 21 years, you have a change of heart. Because if you don’t, you’re going to be right back where you’re going today.”
“You know, one of the sentencing factors I’m supposed to consider is remorse, and you know what, I don’t see it, I don’t hear any, and that concerns me,” he said. “I’m not going to force you to apologize, but I’m worried about a young man who’s going to prison for 21 years and doesn’t have the guts to say, ‘I’m sorry to this family.’ ”
— Judge John R. Miraldi