STATE v. FERDINAND RAMIL State v. Ramil is an assault case involving co-workers. Defendant Ferdinand Ramil is charged with Assault in the Third Degree against C.S. Wo, in violation of HRS 707-712(1)(a). Lawyers should dress in courtroom attire when trying the case in the District Court. Each side must provide one witness. The prosecution will call C.S. Wo, the complainant; the defense will call defendant Ferdinand Ramil. Lucky Lebar, another witness to the incident, is not available for the trial (although you can try to use any of the information Lebar knows if it is admissible through one of the other witnesses). Unlike a real trial, the defendant must testify in this case (this will give the prosecution a chance to cross examine). Males or females may play the part of any of the witnesses. However, all witnesses must pretend they are males (otherwise the fact pattern is distorted - the facts about the assault are less believable if people involved in the assault are of different genders). Your witness may need to make up additional facts to fill in some of the details. However, these additional facts must be consistent with the facts already provided. These additional facts should not be designed to "win" the case but rather to make the trial more "real" by filling in details. The case is an advocacy exercise. Your instructors do not care who wins. Do not get too creative with the additional facts or the judge will intervene. Honolulu Police Department INCIDENT REPORT ASSIGNMENT/ARRIVAL Sent via dispatch to a stabbing type case at 1130 No. Nimitz Hwy. (Lolo Beverage Supply) at 1759 hrs on Feb. 6. Arrived at 1806 hrs. OBSERVATIONS Walked towards rear warehouse area and saw a man sitting on the ground. Asked him what happened and he pointed to a male sitting on a wooden pallet and said "He da one." A second person approached me and stated that the other male stabbed him in the wrist. Observed blood on the ground fronting ewa delivery entrance. Suspect looked confused. ACTIVITY Officer R. POLLACK placed suspect (ID'd as RAMIL, FERDINAND) under arrest. Suspect was unstable on his feet, had to be assisted walking to, entering, and exiting the patrol car. At station, suspect spontaneously uttered, "It's my fault." VICTIM STATEMENT: WO, C.S. Victim was in pain and had injury to his wrist. Only a partial verbal statement obtained as fireman and paramedics tended to him. Victim stated that he and suspect got into an argument over work problems and during argument suspect got out a knife and tried to stab him, at which time he was stabbed in the wrist. Victim states a friend and co-worker, LEBAR, Lucky (witness) came to help him and suspect also tried to stab Lebar in the leg. INJURIES: Victim Wo received a stab wound, treated/released - Queens Hosp. WITNESS: LEBAR, Lucky Witness sat on the ground. Witness saw suspect trying to stab WO, at which time he tried to stop suspect. Witness jumped on suspect's back and grabbed his arm to help get the knife away from suspect. Suspect spun around causing witness to fall to the ground. Eventually witness pulled the knife away and threw it on the floor near some boxes. There were other workers in the area, none witnessed the incident. SUSPECT: RAMIL, FERDINAND Identified by both victim and witness. All three are co-workers. Suspect has a small build, is 5'7" tall and weighs 160 lbs. Suspect was convicted of assault 4 years ago; given probation. EVIDENCE RECOVERED: Key ring containing several keys and a 5" Exacto (box cutter) knife attached to it. Exacto knife had a 1" blade which slides back into the handle. Honolulu Police Department Statement Form STATEMENT OF C.S. WO I am a dispatcher at Lolo Beverage Supply. On February 6, at about 5:50 p.m., I was seated in the dispatcher's office of Lolo Beverage counting cash and doing my paperwork when Ferdinand Ramil entered the office. We are co-workers. I hadn't seen him around when he first entered the office, but thought that he was outside drinking. Ramil approached me and referred to a disagreement between us from the night before. I had sworn at him and he'd said, "You better watch it." When he entered the office today, he was yelling and pointing his finger. I was already mad at him because of how he treats me at work, complaining about the "easy dispatcher life" and uneven assignments. I was upset. I may have sworn at Ramil. After a few seconds he left the office. I also went into the warehouse soon after he did. But I was going to get a delivery list from one of the drivers. I wasn't following Ramil. Inside the warehouse, Ramil started shouting at me, and I got upset a little bit and I pushed him once. He swore at me and then started walking away. I figured that was it, and I started to walk back to my dispatcher's job, when Ramil turned around, reached behind his back and grabbed a knife. He was about six or seven feet away when he pulled out the knife. He came towards me and lunged at me, holding the knife in his right hand. He was less than two or three feet away. He was going for my stomach but I blocked him with my arm. That's when my wrist got cut. I think it was a big knife with a five inch blade. I was stunned and backed away. I saw Lucky Lebar come into the warehouse. He came up behind Ramil and tried to grab the knife away from him. I was about six feet away. After Lebar tried to grab the knife away, they started wrestling for the knife and they spun around about four or five times. After a few seconds, Ramil was thrown up against some metal racks. Ramil hit the racks, lost his balance and fell down. Lebar and I jumped on Ramil and grabbed his right wrist to get the knife away from him. I had to twist his wrist to make him let go of the knife which eventually fell to the ground. He tried to stab me again when I tried to take the knife away. At first, I thought that was when he cut me, but I later realized that he cut me when I blocked his first attack. I'm 5'9" and 175 pounds, 38 yrs old. I got cut on my left wrist about three-quarters of an inch deep and needed two stitches. (signed C.S. Wo) Honolulu Police Department Statement Form STATEMENT OF LUCKY LEBAR I saw Ferdie Ramil enter the warehouse from outside where I'm sure he had been drinking because that's where he always goes to drink. I'm a driver at Lolo and friends with C.S. Wo. Wo and I had been talking at work before this incident. He wasn't upset with Ferdie. I was telling Wo how upset I was with Ferdie because I'm sure it was him who dented my car in the parking lot, but he wouldn't admit it. Except for the car thing, I mostly have gotten along okay with Ferdie but Wo doesn't like him much and I think Ferdie sometimes takes it out on me because I'm friends with Wo. Ferdie walked past me and started swearing about Wo. Ferdie's voice was sort of loud, but still mellow. After I saw him go in the warehouse, I went outside to check something on my truck. When I went in the warehouse, I saw Wo and Ferdie in an area right in front of the dispatcher's office. As I came in the warehouse, I saw Wo near Ferdie, but then Wo backed up real quick. I saw Ferdie wave a knife in the air and move towards Ferdie, and then Wo backed up some more. The knife had a blade about four inches long. I got over there real fast and grabbed Ferdie from behind the head and by the right hand and swung him around. That sent him running and he hit the pole of one of the metal racks. He didn't fall down. I was saying, "Enough, enough already." After he crashed into the racks, he ran towards me and wrapped himself around my legs. I tried to pull him off of me and get him down on the ground so I could get the knife away. I said, "Knock it off, enough already." I think he was trying to stab me in the right calf while he was struggling with me. Wo got back into the fight, and helped me wrestled the knife out of Ferdie's hand. Someone called the police and the ambulance came pretty fast. I'm about 5'10" and weigh 190 pounds. I'm 30 years old. (signed Lucky Lebar) ADDITIONAL INFORMATION LEARNED DURING THE INVESTIGATION Ferdinand Ramil is 34 years old and has been employed steadily since coming from Philippines at age 17. Co-workers sometimes call him "Ferdie". Worked at Lolo Bev-Supply for about 5 years. Good worker, has received a promotion and raises. Started as warehouseman, but got truck-driving license and moved up to driving truck for pick-up and delivery. Very proud of that. Has been warned about drinking after work; former supervisor told him to "go easy" on the drinking, just a friendly warning, nothing on his official record. Family and friends have told him that he gets ornery when he's had too much to drink. Most days he only has a couple beers. He often has to open corrugated boxes during the day, when making deliveries or if the customer asks for help. He owns an "exacto" knife that is attached to a ring with his car keys. He uses the exacto knife everyday to open boxes. Everyone knows about the knife. Lucky Lebar has worked at Lolo for about 2 years. Ramil says he gets along okay with him. Ramil says he doesn't know why Lebar might think that he dented his car. Ramil heard about some accident in the parking lot a few months ago, but doesn't know more about it. Lebar never accused Ramil to his face. Ramil never noticed a change in how Lebar treated him. On Feb. 5th, there was a party after work because one of the workers just had a baby. Wo and Ramil got into a slightly heated discussion about the route assignments. Wo told Ramil, "Eh brah, you full of it." Wo was making like it wasn't a big deal but Ramil thinks he meant it in a nasty way. Ramil told him "Eh, you better watch it" and Wo didn't say anything more to him. Ramil doesn't really know what he meant by the "watch it" remark to Wo. The party went on a couple more hours. Nobody else was upset about the exchange between Ramil and Wo. Ramil says Wo has never liked him much. Ramil doesn't know why, but it seems like Wo always tries to put him down in front of the other workers. Ramil admitted that Wo pretty much treats everyone that way. He just likes put downs and usually gets a laugh when doing them. Ramil denies doing anything to provoke Wo's dislike but did say that he sometimes complains to other workers about how easy the dispatchers have it, and how the overtime isn't always fairly handed out by them. He did say that it seems like Lucky Lebar has had more than his share of overtime, considering he's only been with the company a couple years. On Feb. 6th, Ramil worked his usual day. He was a little annoyed at Wo because one dispatch got screwed up and Ramil had to backtrack. Ramil can't say for sure that it was Wo's fault so he can't say it was intentional even though that's how he felt about it. After his last run, he had a few beers with the other drivers and was going home. Decided he'd stop in to talk to Wo about the dispatch screw-up. Went in, and doesn't know why, but the first thing he said was to tell Wo he better never swear at him again like he'd done the night before. Ramil himself wasn't swearing but he may have been pointing his finger. Wo got mad so Ramil just turned to go and walked out into the warehouse. Wo followed him and punched him in the back with a closed fist totally without warning. Ramil started to move in the direction of Wo to defend himself as Wo came towards him. Wo tried to kick him in the groin but Ramil turned so the kick hit him in the side. Ramil pulled out his key chain with the box cutter on it to defend himself, because he thought he was going to get beaten up by Wo. Ramil swung the box butter in an arc in front of him to keep Wo away. He just wanted Wo to stop. Wo kept trying to get at him. Ramil is sure he never got close enough to Wo to cut him with the knife, even accidentally. Eventually, Lebar came by and grabbed Ramil from behind and swung him around. Lebar is Wo's friend, otherwise he would have grabbed Wo - Wo was the one attacking. Ramil went spinning, eventually crashing into some metal racks. The racks didn't fall over but Ramil lost his balance, and fell to the ground. Wo and Lebar teamed up to get him and wrestle him. They took the box cutter way from him. Ramil thought Wo might cut him with the box cutter, but some other drivers had gathered around by then, so Wo and Lebar stopped. Ramil claims that once he was down he was just looking for a chance to get up and away and run. Ramil didn't see when Wo got cut. Ramil is sure that the only time Wo could have gotten cut is when Wo grabbed his box cutter, when Ramil was down on the floor. The whole fight from Wo's first punch to end was very fast. Ramil did tell the responding officer, "It's my fault." Ramil was convicted of assault 4 years ago; given probation. Ramil claims he was attacked by a guy in a bar and was just defending himself. He hit the guy with a beer bottle. Minor injuries. USEFUL STATUTES HRS 707-712 Assault in the third degree. (1) A person commits the offense of assault in the third degree if he: (a) Intentionally, knowingly, or recklessly causes bodily injury to another person; or (b) Negligently causes bodily injury to another person with a dangerous instrument. (2) Assault in the third degree is a misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty misdemeanor. HRS 703-300 Definitions relating to justification. In this chapter, unless a different meaning is plainly required: "Believes" means reasonably believes. "Deadly force" means force which the actor uses with the intent of causing or which he knows to create a substantial risk of causing death or serious bodily harm. Intentionally firing a firearm in the direction of another person or in the direction [in] which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily injury, by the production of a weapon or otherwise, so long as the actor's intent is limited to creating an apprehension that he will use deadly force if necessary, does not constitute deadly force. "Dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is for the time being a home or place of lodging. "Force" means any bodily impact, restraint, or confinement, or the threat thereof. "Unlawful force" means force which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or would constitute an offense except for a defense not amounting to a justification to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious or substantial bodily injury. HRS 703-304 Use of force in self-protection. (1) Subject to the provisions of this section and of section 703-308, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by the other person on the present occasion. (2) The use of deadly force is justifiable under this section if the actor believes that deadly force is necessary to protect himself against death, serious bodily injury, kidnapping, rape, or forcible sodomy. (3) Except as otherwise provided in subsections (4) and (5) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used without retreating, surrendering possession, doing any other act which he has no legal duty to do, or abstaining from any lawful action. (4) The use of force is not justifiable under this section: (a) To resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or (b) To resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if: (i) The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest; or (ii) The actor believes that such force is necessary to protect himself against death or serious bodily injury. (5) The use of deadly force is not justifiable under this section if: (a) The actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter; or (b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that: (i) The actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and (ii) A public officer justified in using force in the performance of his duties, or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape, is not obliged to desist from efforts to perform his duty, effect the arrest, or prevent the escape because of resistance or threatened resistance by or on behalf of the person against whom the action is directed. (6) The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.
Pages to are hidden for
"Lawyers should dress in courtroom attire when trying the"Please download to view full document