Jupiter man guilty of murder in hate crime
David Harris gets life for killing Onesimo Marcelino Lopez-Ramos.
WEST PALM BEACH — It took a Palm Beach County jury less than four hours of deliberations to reject a 22-year-old man’s self-defense claims in the April 2015 Jupiter murder of Guatemalan teen Onesimo Marcelino Lopez-Ramos.
With their guilty verdict, jurors found that David Harris committed a hate crime during the fight that led to the death of 18-yearold Lopez-Ramos near a home in the 300 block of Fourth Street, where he and relatives were listening to music.
Circuit Judge Samantha Schosberg Feuer immediately sentenced Harris to life in prison, the mandatory punishment under the law.
But the judge also added a consecutive 15 years in prison for a related aggravated battery charge while committing evidence of prejudice in connection with Harris’ admitted beating of one of Lopez-Ramos’ relatives, Elmer Lopez.
Feuer, in sentencing Harris, called his actions “heinous and horrific.” Harris told police at the time of his arrest that he, his younger brother Jesse, their friend Austin Taggart and others had decided that night to go “Guat hunting.”
The term, used to describe the targeting of immigrants from Guatemala and other South and Central American nations for robberies and beatings, became pivotal in a crime prosecutors say had clear racial overtones.
“We’re extremely pleased at this outcome for the victim’s family,” Assistant State Attorney Jill Richstone, who prosecuted the case with Assistant State Attorney Marci Rex, said after the verdict.
Richstone and Rex declined to comment further, citing the still open cases against Taggart and Jesse Harris, who are awaiting trial.
Jurors had deliberated the case for an hour Monday without a verdict. They were in the third hour of deciding the case Tuesday when they asked for transcripts of statements Harris gave to Jupiter police.
Feuer explained to them that there were no transcripts, but they could listen to the statements again in open court. The statements, Feuer told them, were 2½ hours long.
The judge sent jurors back to the deliberation room to decide whether they wanted to listen to the recordings. Less than five minutes later, the 12 panelists sent a note to Feuer saying they had a verdict.
Defense attorney Franklin Prince said he initially thought that was a good sign for Harris. He had argued that it was Taggart who killed Lopez-Ramos, and Taggart alone who made a reference to “Guat hunting.”
A manslaughter conviction would have capped Harris’ conviction at 15 years. Instead, on his son’s third birthday, Harris received a life sentence.
“If they had come back without asking to listen to the statement, then it would have been different,” Prince said, adding that the guilty verdict surprised him. “Obviously we are disappointed, but we respect the jury’s decision.”
Prince said Harris will appeal the verdict.
Earlier this year, Feuer denied Harris’ request to declare him immune from prosecution by arguing he was acting in self-defense under what is commonly known as Florida’s “stand your ground” law.
Harris reiterated his self-defense claims when he took the stand in his own defense Monday, saying that he swung an ax at Lopez-Ramos just once so that he could give his little brother a chance to escape the fight. Though Harris tried to distance himself from Taggart on the witness stand, Richstone reminded jurors of Harris’ words to police.
“Remember what he told them? ‘We were brothers in arms!’ ” Richstone said.
Harris insisted he was trying to protect his younger brother in explaining his confession to Jupiter police detectives. He claimed he told them that he was responsible for Lopez-Ramos’ death because they threatened to charge his brother with the crime. Harris said that although he struck Lopez-Ramos with an ax, it was the subsequent blows that Taggart inflicted with a rock that killed the teen.
In a statement after the verdict, Jupiter police officials celebrated Harris conviction.
“I hope this guilty verdict brings some small closure to the loved ones of Onesimo Marcelino Lopez-Ramos after the horrific tragedy this family has endured,” said Chief Frank Kitzerow.