Thread: Accused cop killer's pretrial begins

I didn't see much about this story on the forum. I think it went largely undetected because most news articles failed to mention the killer was illegal.

http://www.themilpitaspost.com/Stories/ ... 11,00.html

Accused cop killer's pretrial begins
By Ricci Graham



Thursday, October 13, 2005 -

ANG Newspapers

Tom Orloff stepped into a courtroom as the lead attorney in one of the more high-profile cases of the year, when the Irving Ramirez preliminary hearing began at the Rene C. Davidson Courthouse in Oakland yesterday.

It is the first case that Orloff the Alameda County district attorney has handled personally in 10 years.

"I tried probably 25 murder cases," Orloff said. "I'm reviewing cases all the time. It's not like I haven't touched a case or haven't been involved at one level. I wanted to find an appropriate case for me to try for a while, and I felt this case was an important one for law enforcement.

"I came into this office as a trial lawyer and that's how I view myself."

Orloff couldn't have picked a case that will draw more attention throughout the East Bay than the one involving Ramirez, a 23-year-old Salvadoran national accused of the execution-style slaying of San Leandro police Officer Dan "Nels" Niemi.

Niemi, a 42-year-old father of two who lived in Milpitas' Starlite Pines community, was shot and killed while investigating a disturbance call on the 14700 block of Doolitte Drive on July 25.

Ramirez, a Newark resident, is accused of firing seven shots into Niemi, whom he feared would arrest him for being in possession of drugs and two guns, court records say.

Ramirez is being represented by Oakland-based defense attorney Deborah Levy.

Orloff said he won't decide until the conclusion of the preliminary hearing whether to seek the death penalty.

"We will make that final determination after the preliminary hearing," Orloff said. "Right now, it qualifies as capital-eligible, but the final decision (about whether to seek the death penalty) hasn't been made."

Orloff said Dr. Tom Rogers, who performed the autopsy on Niemi, was scheduled to testify yesterday before Ala-meda County Superior Court Judge Jeffrey Horner. "The cause of death is not really an issue here," Levy said. "I don't think (Rogers) will be on the stand that long."

Following Rogers' testimony, the two sides will break until Oct. 17, when the preliminary hearing is scheduled to resume. Levy said she expects Orloff to call a number of key witnesses when the preliminary hearing resumes. The preliminary hearing is expected to take three days, Orloff said.

With evidence stacked firmly against Ramirez, who according to court records admitted to his girlfriend that he killed Niemi, the case is perceived as a slam-dunk loser by many.

But Levy said she doesn't believe that to be the case.

"I think there are some issues that are interesting to me," Levy said. "They're kind of up in the air. I don't think it's the slam dunk the district attorney might envision."

www.themilpitaspost.com

Accused shooter enters not guilty plea in cop killing
By Ricci Graham
ANG


Thursday, September 01, 2005 -

A 23-year-old Newark man accused of gunning down San Leandro police officer Nels "Dan" Niemi, of Milpitas, pleaded not guilty Monday at Hayward Hall of Justice.

Irving Ramirez, who goes by the street name "Gotti," is charged with the shooting death of Niemi and three special circumstances that could bring the death penalty if he is found guilty.

The next stop for Ramirez will be a preliminary hearing that was scheduled for Oct. 3 by Superior Court Judge Alfred Delucchi at the Rene C. Davidson Courthouse in Oakland.

The trial, which will be in Department 11, was moved to Oakland to accommodate Ramirez's defense attorney, Oakland-based Deborah Levy, and Alameda County District Attorney Tom Orloff, who will be trying his first case in more than a decade.

"They wanted to get the case over to Oakland, which is a bit unusual," Levy said. "But Orloff's office is in Oakland, as is mine."

Several uniformed San Leandro police officers attended Monday's hearing and watched as Levy entered Ramirez's plea before Delucchi in Department 502 at the Hayward Hall of Justice.

A Salvadoran national who was in the United States illegally but was waiting for federal officials to weigh his application for political asylum, Ramirez is accused of shooting Niemi a 42-year-old father of two seven times as the officer investigated a disturbance and loitering call July 25 on the 14700 block of Doolittle Drive.

According to a police report filed with the district attorney's office, Ramirez feared Niemi would conduct a search and find that he had two handguns, a shotgun and drugs.

Police records filed with the case state Ramirez admitted shooting Niemi to his girlfriend while the two were at his mother's Newark home the night the officer died. At least three witnesses reportedly told San Leandro homicide investigators that Niemi was running an identification check on Ramirez when the man pulled out a semiautomatic pistol and killed the officer in what detectives say was an execution-style shooting.

Levy said her client entered a plea of not guilty in part because at least one of the three special circumstances filed against him lying in wait appeared "to be a reach" by the district attorney's office.

"I don't think that applies at all," Levy said. "I think (the district attorney's office) is throwing in everything they can."

Levy said there is no debating the other two enhancements: murdering a police officer to avoid arrest and murdering a police officer while in the line of duty.

Ramirez smiled and motioned to his uncle and cousin, who were in attendance during his third court appearance, but Levy said her client's seemingly jovial appearance should not be misinterpreted.

"He's nervous, and he's scared to death," Levy said of Ramirez. "I certainly can't say he's in a good mood. I think he's accepted the fact that he's going to be in custody for a while.

"He just wanted to make sure (that they know) he's OK ... and don't worry too much."

http://sfgate.com

Slain officer had found job he 'was meant for'
Suspect arrested in Daly City after San Leandro killing
- Henry K. Lee, Chronicle Staff Writer
Wednesday, July 27, 2005



Police work was a second career for San Leandro Officer Nels "Dan" Niemi, who left the computer industry to join the force after the dot-com bust. A gun and self-defense enthusiast who long harbored an interest in law enforcement, he enrolled in the police academy at age 38.

Niemi, a husband and father who had been on the force for three years, was on routine patrol Monday night, investigating a noise complaint in a neighborhood near Oakland International Airport, when a car drove up, a man got out and fired several shots. Police said it was an unprovoked ambush.

The 42-year-old officer died half an hour later, the first officer slain in San Leandro in nearly four decades.

On Tuesday, police arrested Newark resident Irving Alexander Ramirez on the day after his 23rd birthday. Police acted on a tip from a relative and found the convicted methamphetamine user alone in a Daly City apartment. Ramirez could be charged with murder -- along with special circumstances that could result in the death penalty because an officer was slain.

Police said that Ramirez, whose street name is "Gotti," shot the officer shortly before 11 p.m. Monday near Doolittle Drive and Belvedere Avenue. Niemi died at 11:38 p.m. at Eden Medical Center in Castro Valley, leaving behind his wife, Dionne, 36, daughter, Gabrielle, 6, and stepson, Josh Hewitt, 13.

Ramirez was arrested without incident after apartment complex manager John Mulinyawe gave police a key to a two-bedroom unit at 406 88th St. in Daly City. Officers lobbed a tear-gas grenade inside and found Ramirez alone, police said.

The residence has been leased to Ramirez's sister and her husband since January, and Ramirez visited them, although not often in recent weeks, Mulinyawe said. He said Ramirez has a wife and child and worked with his sister and husband at a cleaning firm.

Before the shooting, Niemi had been investigating a loud-noise complaint involving a group of young men and was talking with someone when two people arrived in a white 1995 Ford Thunderbird, said San Leandro police Lt. Marc DeCoulode.

The suspect got out of the car, made unthreatening comments and, without warning, fired several shots at Niemi, San Leandro Police Chief Joe Kitchen said. It did not appear that the suspect had been aiming at the group but rather at the officer, police said.

"There was no indication that it would turn into a violent, unprovoked assault," DeCoulode said.

"I heard one shot and 20 seconds later, five shots back to back," neighbor Bill Aguilera told reporters. "I came outside, heard an officer was down. I saw people in the house run and grab towels and pat him down."

Aguilera said a group of people had been loitering in the area and driving erratically in the neighborhood.

The slaying sparked a massive search for the suspect. At 6:20 a.m. Tuesday, Newark and Fremont police SWAT teams searched Ramirez's home on Wells Avenue in Newark. Hours later, police found the Thunderbird parked near the crime scene.

Niemi, who was born in Guam, switched to a career in law enforcement after working as a network administrator in the computer industry, city officials said. While on the force, he used his computer expertise in investigations whenever computers had to be analyzed for evidence of crimes, authorities said.

A 1981 graduate of De La Salle High School in Concord, he taught self- defense and gun-awareness classes, which helped spark his interest in law enforcement, said Candie Mitchell, 21, Niemi's sister-in-law.

"When he decided to become a police officer, we were all behind him because of the pure fact that he was meant for it," she said. Mitchell said Niemi had a good sense of humor. When she was loafing around one day, "He would pinch my pinkie toe until I thought of something to do," she said.

Niemi's brother, Jim, 38, of El Dorado Hills (El Dorado County), said, "He was a fine human being. He was a guy you wanted to know."

Kitchen, who appeared close to tears at times during a news conference, met with the officer's wife and parents, Rudie and Mildred Niemi of Alamo. "That was the most gut-wrenching period of my career, of my life,'' said Kitchen, a 35-year veteran whose badge was covered with a black band Tuesday.

Rudie Niemi has served as secretary-treasurer of the Hundred Club of Contra Costa, which supports firefighters and officers killed in the line of duty.

"Dan will certainly be sorely missed here at the San Leandro Police Department," Kitchen said. "There is a pall over the entire city, not just in this building."

Kitchen described Niemi as a competent and caring officer who "quietly went about his business with little fanfare. ... He was a quiet, all-around nice guy.''

The suspect has been arrested several times by Newark police and has convictions for disturbing the peace, possession of drug paraphernalia, possession of methamphetamine and being under the influence of methamphetamine in public, according to Alameda County court records.

Ramirez once asked for a court hearing in a drug case to be delayed, saying three relatives died in a September 2002 car crash on the San Mateo- Hayward Bridge. He also has convictions for drunken driving and driving on a suspended license, according to the Department of Motor Vehicles.

"It's a huge tragedy," San Leandro Mayor Shelia Young said. "I haven't had time for it to soak in. Obviously, the San Leandro Police Department has come together as a unit to support the family and certainly work together as a team for all of our employees who have been affected."

Young described Niemi as a "kind of Renaissance man" and said the slaying was a tragic reminder that no one is immune from violence, "even in the sleepiest of towns."

San Leandro, a city of 82,000, employs about 85 sworn officers. The department lost a reserve officer in the line of duty in 1969 and an officer to a shooting in 1961.

Memorial services are pending. A trust fund has been established. Contributions can be made to the Niemi Family Fund, c/o San Leandro Police Officers Association, 901 East 14th St., San Leandro, CA 94577 or by contacting Jeff Deuel of the Deuel Group at (925) 952-3838.







http://www.nbc11.com/news/4784188/detail.html

Court Records: Suspect Shot Officer Out Of Fear
23-Year-Old Feared Being Arrested On Illegal Gun, Drug Charges

POSTED: 7:38 pm PDT July 28, 2005
UPDATED: 8:39 pm PDT July 28, 2005

HAYWARD, Calif. -- The man accused of murdering San Leandro police Officer Nels "Dan" Niemi opened fire on the officer because he feared being arrested on illegal gun and drug charges, according to court records made public Thursday.

According to a police report in the file of 23-year-old Irving Alexander Ramirez, of Newark, he allegedly shot Niemi, 42, once with a 10 mm semiautomatic handgun, knocking the officer to the ground, then shot the officer six more times while he was on the ground.

The report was written by San Leandro police Sgt. Jeff Jouanicot and is on file in the courtroom of Alameda County Superior Court Judge Alfred Delucchi, who arraigned Ramirez Thursday on one count of murder and three special circumstances murder clauses that could bring him the death penalty.

The special circumstances are allegedly murdering a police officer in the performance of his duties, lying in wait and committing murder to avoid arrest.

The police report says the incident began shortly before 11 p.m. Monday, when Niemi made contact with five men, including Ramirez, who were allegedly causing a disturbance at 14659 Doolittle Drive in San Leandro.

San Leandro police initially said Ramirez drove up to the scene after Ramirez made contact with a group of people, but apparently that information was incorrect.

According to Jouanicot's report, Niemi got the identification cards of the five men and was engaged in casual conversation with them about possessing alcohol.

Niemi directed his attention away from Ramirez to one of the other subjects when Ramirez suddenly pulled out a semiautomatic handgun and opened fire, according to the report.

Officers who responded to the shooting found Niemi unconscious and took him to Eden Hospital in Castro Valley, where he was pronounced dead a short time later, according to the report.

The officer was shot once in the face, once in the leg and five times in his upper torso, according to the report. Two shots hit his gun belt and one shot hit his bulletproof vest.

Three of the men who were with Ramirez positively identified him as being the shooter, according to the report.

Ramirez was arrested at a relative's apartment at 406 88th St. in Daly City on Tuesday afternoon after getting a call from a pastor who apparently had been contacted by relatives, the report says.

Ramirez spontaneously told police that he heard gunshots at the scene but said he wasn't the one who shot Niemi, according to the report.

Ramirez told police he knew he shouldn't have had a shotgun in his car, either, the report says.

After being advised of his rights, Ramirez stopped talking to police and said he wanted to talk to his mother about getting legal representation, according to the report.

Ramirez's girlfriend, Ashley Ewert, talked to San Leandro police late Tuesday night after he was arrested and said he told her that he had killed a police officer, the report says.

Ewert became suspicious when Ramirez ran in the door of his apartment in Newark about 11:30 p.m. Monday wearing only his boxer shorts and promptly took a shower with Comet and bleach and then grabbed his belongings and said they had to leave quickly, according to the report.

Ewert told police that when she asked Ramirez what had happened, he said, "I just killed a cop; I just shot a cop," the report says.

Ramirez told Ewert that he shot Niemi because he was subject to "search and seizure" due to prior drug-related arrests and he had two guns and drugs on him and if the officer called Ramirez's name in on the police radio the officer would have eventually searched Ramirez and his car and found the guns and drugs, according to the report.

Ewert told police that as she drove with Ramirez in her Volkwagen Jetta down Thornton Avenue in Newark near a marshy area, Ramirez pointed and said that was where he threw his clothes and the gun he used to shoot Niemi, the report says.

On Wednesday, San Leandro police and the Alameda County Search and Rescue Squad searched the marsh and found a silver Colt brand 10 mm semiautomatic handgun along with clothing items and an ID card belonging to Vincente Heredia, according to the report.

Heredia drove Ramirez away from the shooting scene Monday night in a black jeep and dropped Ramirez off at his residence in Newark, the report says.

The gun found in the marsh had been reported stolen to Newark police, according to the report.

At the shooting scene in San Leandro, police had previously found seven spent 10 mm cartridges, a partially full bottle of Hennessy cognac and Ramirez's ID, the report says.

About 200 feet away from the shooting scene, police found a 1995 Ford Thunderbird that a friend had loaned to Ramirez, according to police.

Inside the car, police found a 20-gauge shotgun and a box of 20-gauge shotgun shells, the report says.

www.mercurynews.com

Posted on Mon, Oct. 17, 2005

Witness says Ramirez told her he shot police officer

By Guy Ashley

CONTRA COSTA TIMES


OAKLAND - A 20-year-old woman testified this morning that a Newark man admitted to her that he shot a San Leandro police officer to death in July.

Ashley Ewert said she met up with Irving Ramirez at his home late on the night of July 25 because Ramirez had failed to show for a planned meeting earlier in the evening. She said Ramirez appeared "frantic," and eventually explained to her the cause of his agitation.

"He said, 'I just shot a cop,"' Ewert testified on the second day of the preliminary hearing for Ramirez, 23. "I killed a cop."

Ewert said Ramirez also explained his motivation: "Because he had two guns" and drugs in his possession, and feared he would be arrested for violating the terms of his parole. Ewert told the court she spent the rest of the night with Ramirez, and that he threw a handgun off the Dumbarton Bridge as she drove him across the Bay from Alameda County into San Mateo County. She said Ramirez also pointed out a marsh near Thornton Avenue in Newark where he said he had dumped another gun -- the weapon he allegedly used to kill San Leandro Officer Nels "Dan" Niemi.

The two parted the next morning, Ewert said, and she contacted her father in Moraga, who encouraged her to go to police.

Ramirez is charged with capital murder in the slaying of Niemi, 42, on Doolittle Drive in San Leandro.

Court records say Niemi, who grew up in Alamo, was shot while responding to a late-night loitering and disturbance call.

Though Ramirez is charged with murder plus three special allegations that make him eligible for the death penalty, prosecutors have not yet decided whether to seek a death sentence.

Ewert testified this morning before a packed courtroom, a gathering that included three San Leandro police officers in uniform and Niemi's parents and younger brother.

The hearing before Alameda County Superior Court Judge Jeffery Horner is expected to run through the rest of the week.

http://www.insidebayarea.com/dailyrevie ... ci_3134325

Article Last Updated: 10/20/2005 03:10:12 AM

Judge orders trial for Ramirez
Hearing ends with finding that special circumstances could warrant death penalty
By Ricci Graham, STAFF WRITER



OAKLAND â€â€

http://www.insidebayarea.com/argus/localnews/ci_3146436

Article Last Updated: 10/24/2005 02:26:39 AM

Newark man may face death if convicted
Prosecutor says legal team will discuss 'appropriate penalty' in cop-slaying case
By Ricci Graham, STAFF WRITER



OAKLAND â€â€

www.mercurynews.com


Posted on Wed, Oct. 26, 2005

Death penalty sought in San Leandro cop-killer case

By Guy Ashley

CONTRA COSTA TIMES


OAKLAND - Alameda County prosecutors today confirmed they will seek the death penalty for a Newark man charged with murder in the shooting death of a San Leandro police officer in July.

The decision comes a week after a judge ordered Irving Ramirez, 23, to stand trial for allegedly gunning down Officer Nels "Dan" Niemi, who was shot five times on July 25 while responding to a late-night loitering and disturbance call.

District Attorney Tom Orloff decided Tuesday evening to seek the death penalty after consulting with a committee of attorneys who have experience in evaluating whether a case merits the ultimate punishment.

Angela Backers, a senior deputy prosecutor who files death penalty cases in Alameda County, said the decision came after the panel weighed a number of factors, including evidence that emerged during a preliminary hearing last week that showed the killing to have been "incredibly brutal."

"The evidence is clear that the officer was shot in performance of his duties, to prevent this man from going back to jail because he had guns and dope on him," Backers said.

She added: "He waited until the officer turned his back. (Niemi) had no idea this was coming. . . . Once the officer was down he stood over him and fired additional shots."

The attorney for Ramirez, Deborah Levy, said she was not surprised by the decision. In fact, she said outside court last week that a death penalty prosecution was expected.

"The nature of the crime and the fact that it was a law enforcement officer were certainly key factors behind their decision," Levy said.

Ramirez has pleaded not guilty and is due back in court Nov. 2.

Niemi's father, Rudie Niemi of Alamo, said the choice to seek the death penalty "was really the only decision they could make."

"It was completely cold blooded and completely selfish," the father said of Ramirez. "What do you expect me to say?"

http://www.insidebayarea.com/dailyrevie ... ci_3177763

Cop-slaying trial likely next fall
Accused's attorney needs to finish another murder case
By Ricci Graham, STAFF WRITER

OAKLAND â€â€

http://cbs5.com/local/local_story_240151224.html

Aug 28, 2006 12:03 pm US/Pacific

Trial Date Set In Murder Of San Leandro Officer
(BCN) OAKLAND A judge today set a Feb. 20, 2007 trial date for a Newark man accused of shooting to death San Leandro police officer Nels “Dan” Niemi at point-blank range last year.

Irving Ramirez, 24, a native of El Salvador, was scheduled to stand trial on Oct. 25 for the death of Niemi on July 25, 2005, but Alameda County Superior Court Judge C. Don Clay agreed to give Ramirez’s attorneys more time to prepare for the death penalty case.

The attorneys, Deborah Levy and Michael Berger, both have several important cases pending and Clay said it’s important that they have enough time to prepare for his case.

“I don’t want to see this case come back here,” Clay said, referring to the possibility that an appellate court would order a retrial if the case was rushed along too quickly and Ramirez was convicted because his attorneys didn’t have enough preparation time.

However, Clay said Feb. 20 is a firm date and he won’t grant any further postponements.

Niemi, 42, who is survived by his wife and two children, was shot to death after he responded to a report of a disturbance at 14659 Doolittle Drive in San Leandro about 11 p.m. July 25, 2005.

According to a police report, Ramirez apparently opened fire on the officer because he feared being arrested on illegal gun and drug charges.

The report says that Ramirez shot Niemi once with a 10 mm semi-automatic handgun, knocking the officer to the ground, and then shot the officer six more times while he was on the ground.

Ramirez is charged with murder as well as three special circumstances clauses: murdering a police officer during the performance of his duties, lying in wait and committing murder to avoid arrest.

After today’s brief hearing, Niemi’s father, Rudie Niemi of Alamo, said he had hoped that Ramirez’s trial would start sooner but said he doesn’t mind the postponement too much as long as the Feb. 20 date is firm.

“I’ll go along with it,” Niemi said.

Millie Niemi, Rudie Niemi’s wife and Nels Niemi’s mother, said she plans to attend Ramirez’s trial.

“Every single day I will be here,” she said.

Four of Niemi’s colleagues from the San Leandro Police Department attended today’s hearing.

The case will be prosecuted by Alameda County District Attorney Tom Orloff, who asked for a trial date in early January.



http://sfgate.com/cgi-bin/article.cgi?f ... KPRL91.DTL

OAKLAND
Trial date changed in slaying of officer
- Henry K. Lee
Tuesday, August 29, 2006


A Newark man charged with killing a San Leandro police officer will go on trial in February instead of October, a judge said Monday.

Irving Ramirez, 24, is charged with killing Officer Nels "Dan" Niemi, 42, on July 25, 2005, near Doolittle Drive and Belvedere Avenue in San Leandro.

Alameda County Superior Court Judge C. Don Clay agreed to delay the trial, which had been scheduled for October, until Feb. 20, 2007, to allow defense attorney Deborah Levy more time to prepare.

Authorities said Ramirez, who previously had been convicted of methamphetamine use, shot the officer to prevent him from discovering that he was carrying drugs and two guns.

District Attorney Tom Orloff is prosecuting the case personally. Orloff is seeking the death penalty because of Ramirez's history of violence and the brutal nature of the slaying.

Ramirez has pleaded not guilty to a charge of murder, along with enhancements for firing a weapon and three special circumstances: killing a police officer, killing to avoid arrest and lying in wait.

Niemi had questioned Ramirez about a noise complaint and was shot as he prepared to have a dispatcher check Ramirez's name for arrest warrants, police said.

Moments before the slaying, Niemi had joked with Ramirez after the suspect fumbled with his wallet while trying to show the officer his identification, Gonzales said.

Niemi left behind his wife, Dionne; his daughter, Gabrielle; his stepson, Josh Hewitt; and parents, Rudie and Mildred Niemi of Alamo.

Before joining the force in 2002, Niemi held a sales position with a wine company and developed computer software for a small Silicon Valley startup company.