Lawyers should dress in courtroom attire when trying the by HC120207151155

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									                 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.

								
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