Every crime is different and has unique challenges and factors that weigh on a prosecutor's ability to move forward with pursuing an indictment, or getting a charge to hold up in court. The following is an update on three cases out of the city of Jamestown that are in different stages of the judicial process.
One case is ready to go to trial, another is still under investigation with no one charged as of yet and the third is a case where the suspect, under special considerations, was offered a deal.
AN ALLEGED RAPE IN THE CITY
Ronald A. Kepler Jr. is scheduled to face a jury trial on May 24
Currently incarcerated in the Chautauqua County Jail in lieu of $130,000 bail
On July 13, at 10:30 p.m., a city woman in her 20s was walking on Winsor Street between Harrison and Crescent streets when a man grabbed her and pulled her from the sidewalk.
According to police, she was brutally raped and the suspect identified and charged the next day was 24-year-old Harrison Street resident Ronald A. Kepler Jr.
The incident happened off the side of the road, where overgrown weeds were high enough to shield the area, according to Jamestown Police Capt. Robert Samuelson.
"He dragged her into a dark area that's not visible from the road and then committed the brutal act," Samuelson said when the arrest was reported in July. "She did nothing wrong and they were not acquainted at all - she was just walking from point A to point B."
The woman survived the attack and was able to make it to her home, a couple blocks away, where she called 911 for help. She was taken to WCA Hospital for treatment and evidence collection, and referred to the Salvation Army's Rape Crisis program.
After the initial report, police officers scoured the area, identified the crime scene and, based on descriptions of the man, identified Kepler, who was taken into custody without incident the next morning at his home, just a block from the attack.
He was charged with first-degree rape and first-degree committing a criminal sex act, both felonies.
Kepler was taken into custody, arraigned in Jamestown City Court and sent to the Chautauqua County Jail, where he remains awaiting his trial by jury, which is scheduled to take place on May 24 at 9:30 a.m. in Mayville.
At the time of the alleged incident, Kepler had recently been sentenced to six months in jail and five years probation for fifth-degree criminal possession of a controlled substance. The sentence was to run concurrently with 60 days in jail and three years probation for a petit larceny charge.
He has retained Nelson Torre, a Buffalo-based attorney, and the prosecution will be handled by Assistant District Attorney Derrick Gregory.
Kepler's sister, 23-year-old Patricia Raynor, was charged in September with felony criminal possession of a forged instrument in connection with an incident that allegedly benefited her brother.
According to Ellicott Police Det. Brad Knight, Raynor admitted to writing down a customer's debit card number when she worked at a locally owned fast food restaurant. The victim believed she was only getting something to eat, but she ended up being defrauded of several hundred dollars.
Knight explained that once he contacted the Falconer victim's bank, it led him to a phone service for incarcerated people.
"We tracked some purchases to a service that allows people in jail to make phone calls by shifting money from a bank account to a calling card-type system," Knight said when the arrest was reported. "There was money charged on the bank card account and the same amount was credited to her brother's phone account."
Knight said Raynor was specifically charged with criminal possession of a forged instrument because the victim was reimbursed by the bank a day after the situation was reported to police.
"To be charged with larceny, someone has to be out that money and you can only charge on behalf of a bank if they want to pursue charges," he said. "In this case, the bank chose not to. I'm not saying she made these purchases, but she did admit to writing down the victim's debit card information and that information was later used for a fraudulent purchase."
Raynor was charged in Jamestown because that is where the business where she worked, where the crime first took place, is located. She was arraigned on Sept. 18, 2009, and sent to the Chautauqua County Jail. She was bailed out five days later when $3,000 was posted on her behalf.
She will appear in Chautauqua County Court on March 11 for a pre-indictment conference on the felony charge.
THE DOWNTOWN TIRE SLASHER
Benjamin Ramos Jr. is on probation for two felony criminal mischief charges until Aug. 16
Just weeks before Christmas 2008, dozens of people parked in the downtown Jamestown area were flooding into local tire dealerships after the man notoriously dubbed the "Downtown Tire Slasher" struck over the course of a short week.
The baffling crimes were happening on the streets of downtown and no vehicles, even those belonging to law enforcement and the mayor, were spared.
It all began with a few initial criminal mischief complaints taken on the evening of Nov. 30, from the area around the Jamestown Savings Bank Ice Arena.
Around 8 p.m., Jamestown police began receiving the complaints. That night, more than 30 vehicles had their tires slashed, and the downtown area was filled with many angry people and puzzled police as there were no solid witnesses.
The majority of the victims were hockey players from as far away as Pennsylvania and Olean, who were in the city to play at the ice arena.
The following night, an additional 42 cars had tires cut in the downtown area, with victims found mostly on East Second Street, although a few incidents were reported on Pine Street, Fifth Street, Prendergast Avenue, Cherry Street and South Main Street.
The situation caused tow truck drivers to work into the morning to remove all the disabled vehicles from the street and parking lots. On several occasions that evening, the parking lot on East Second Street adjacent to Pine Street was completely clogged with tow trucks, shutting down traffic on the Second Street as they took turns entering the small lot and removing the disabled vehicles.
Then on the third night in a row about a dozen vehicles sustained the same fate. But this time, police were ready and waiting for the culprit to return.
An operation involving undercover officers positioned throughout the downtown area was organized, and around 7 p.m., it was fruitful. As one of the officers was walking downtown, he passed a line of cars. And when he returned just seconds later, all the tires were suddenly leaking air.
Immediately, he relayed the occurrence to other officers in the operation and they converged on the area. A man, 43-year-old Benjamin Ramos Jr., was captured by police after a short chase that ended by the Prendergast Library.
Police said that they also found a knife near the intersection of Sixth and Cherry streets when Ramos was taken into custody. Police Chief Rex Rater said at the time that he believed it was the tool used to puncture at least the tires of about a dozen vehicles that night.
The blade on the knife was reportedly bent and Rater explained that most of the tires were punctured in the sidewall.
Other evidence that reportedly linked Ramos to the crimes was a set of "unique footprints" found in the snow around the vandalized areas.
In total, nearly 100 vehicles were vandalized, including Mayor Sam Teresi's personal car. Estimates of the damage exceeded $50,000.
Ramos was taken into custody, arraigned in Jamestown City Court on several felony criminal mischief charges, and sent to the Chautauqua County Jail, pending the results of a court-ordered mental evaluation.
According to sources in the local justice system, Ramos suffers from a serious medical condition that can lead to an increasingly decreased mental and physical capacity. When he appeared in court for arraignment, he was helped through the courtroom by a uniformed officer.
Ramos is currently out of jail as he has a deal in place that District Attorney David Foley said was made in consideration of several factors.
"There were obviously some issues pertaining to his mental status and that was a consideration," he said. "There is also the issue of proof. Just because you were caught by two vehicles with cut tires doesn't mean you can charge him with every incident that happened. There has to be specific proof for each crime in order to charge, and that wasn't the case."
Ramos pleaded guilty to two felony criminal mischief charges June 25, and was sentenced to one year of interim probation. If Ramos doesn't get in any trouble throughout the term of his probation, the charges will be reduced to the misdemeanor level Aug. 16. He has also been ordered to pay $670.33 in restitution for the tires he was actually charged with destroying.
A CHILD KILLED
No charges filed in death of 2-year-old Auston Morales as case remains open
A 2-year-old boy whose death was ruled a homicide still remains open, as no one has been charged with anything in connection with the incident.
On Oct. 16, around 1:10 p.m., Jamestown police and EMTs responded to a 911 call reporting that a young boy, Auston J. Morales, was not breathing and unresponsive.
EMTs arrived at 24 W. Eighth St. in the city and took the child to WCA Hospital. The boy was later taken by Starflight to Children's Hospital in Buffalo, where he passed away the following evening.
According to law enforcement sources who aren't authorized to speak about the investigation, the boy's injuries were significant and not consistent with the stories presented by the people questioned at the Eighth Street home.
The boy's father, 31-year-old Agustin Morales, was caring for the child at the time of his death. Although he hasn't been charged with anything in connection with the toddler's death, he was taken into custody a short time later on an active warrant charging him with endangering the welfare of a child, allegedly stemming from a previous incident.
According to District Attorney David Foley, the case is still being investigated.
"Personally, this case is of a major concern to us and I frequently talk with the Jamestown police about its status," he said in a previous interview. "A child was killed, and in my opinion, someone is responsible for that. We have five years from the day of the incident to proceed with a grand jury indictment or charges from the police."
