Ramon sentenced to three years

Francisco Javier Ramon, Jr., 25, Bloomfield, has been sentenced to three years in prison.

The sentence was handed down by Judge Dena Martin during Ramon's sentencing hearing in Greene Superior Court Tuesday morning.

The defense argued that Ramon was an alcoholic in need of treatment he couldn't get in prison. The prosecution argued he had already been given a fair chance with treatment but it didn't work and he had gone out and committed the same crime again. The judge gave him the maximum.

Ramon was convicted by a six-member jury in October of the class D felony charge of operating a vehicle while intoxicated in a manner which endangered a person with a prior conviction for operating a vehicle while intoxicated.

The previous conviction was for operating a vehicle while intoxicated resulting in death following a tragic crash in 2003 in which one man was killed.

The current conviction dates back to an incident on June 17, 2008, in Bloomfield when a car was found around 1:46 a.m., off the road, nose down in a steep ditch on the southeast side of State Road 231 south of the downtown area, just north of the railroad tracks. There were skid marks where the car had left the side of the road but no one was inside the vehicle when an officer arrived. Ramon was determined to have been the driver and was arrested.

During the latest trial and Tuesday's sentencing hearing, Greene County Deputy Prosecutor Keven McIntosh represented the state and defense attorney David Hunter represented Ramon as a public defender.

Under Indiana law, the possible sentence for a class D felony ranges from six months to three years with a possible fine up to $10,000.

A pre-sentence investigation was completed and was mentioned during the hearing -- a Greene County probation officer recommended Ramon be sentenced to work-release and said the Greene County Community Corrections thought he was an acceptable candidate for the program.

Ramon testified during the hearing that he had a job at El Ranchito, a family-owned restaurant where he has worked since 2002, and he asked the judge to consider sentencing him to the work-release program where there were treatment options. He admitted he had a problem with alcohol and said he wanted to be able to continue to provide for his daughter.

Under questioning by his attorney, Ramon said he had been a trustee at the jail when he was previously incarcerated and had successfully completed the work-release sentence that was imposed on him following the earlier conviction. Ramon said in jail, or in prison, he would just sit in a cell.

Hunter argued that if Ramon were sent to prison in the Department of Corrections (DOC), he would have to be there for an extended period of time to be eligible for, and complete, an alcohol rehabilitation program. He said there are waiting lists and Ramon probably wouldn't qualify.

"He's nice, he's polite, he's a productive member of society who's always had a job -- he has a problem with alcohol," said Hunter who asked the judge to allow him to remain productive, pay his child support, provide for his family, and get treatment.

McIntosh argued Ramon was given a more-than-fair deal for the first conviction, and he got out and committed another crime. He said the treatment's not working.

McIntosh acknowledged the court had received several letters from respected members of the community in support of sentencing Ramon to work-release, many saying Ramon was a fine, young man who was not a criminal but was in need of treatment, but McIntosh disagreed.

"Endangering lives is a crime," said McIntosh. "To keep committing this crime shows a lack of respect."

Hunter then argued that the lack of disregard goes with the nature of alcoholism. He said the underlying disease needed to be treated and that Ramon wouldn't get it at DOC but he could get it in Greene County.

After listening to the arguments, Judge Martin said the court was in a very difficult position but her ultimate responsibility was to hold Ramon accountable, and a jury had found him guilty.

Addressing Ramon directly, Judge Martin said, "You had a very serious conviction for a crime that resulted in a death and Greene County attempted to address your problems. The sentence was not that harsh and Greene County provided services to address your alcohol problem. Obviously it didn't do any good because here we are back."

The judge said she had considered the letters and she would like Ramon to be able to work and provide for his daughter, but he was given a chance and was now asking for another. She also noted he was still on probation when the current crime was committed.

"I see no other choice than to impose the maximum," said Martin who then pronounced the sentence of three years in the DOC.

None of the sentence was suspended and no fine was imposed. Ramon should be eligible for "good-time" credit during his incarceration.

Before leaving the courtroom, Martin told Ramon, "I want you to learn from this and come back to Greene County and work and provide for your family, but I don't want you out driving drunk on the streets of Greene County."