I do believe that the people involved in this story are illegals but our mainstream media is not telling us if they are so am posting this story here. The statement "ties to Guatamala" is probably the only hint my local media is going to give us.

Murder suspect to be tried as an adult
Byanny Gruber 03/31/2008
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Fermin Aldana, the 17-year-old being held in connection with the homicide of Ramiro Prado-Reyes on March 16, 2008, is to be tried in district court as an adult, Judge Carlton Clark ruled Monday afternoon.


Led into the courtroom with his hands cuffed in front of his torso, Aldana openly stared at the victim's family without expression.

Aldana has been charged with second-degree murder, a class 1B felony punishable by 20 years to life in prison and a class III felony, use of a deadly weapon, punishable by up to 20 years in prison.

In the hearing to determine if Aldana should be tried as a juvenile or an adult, Judge Clark heard evidence presented by Lexington Police Criminal Investigator Paul Schwarz as to the events of the early morning hours that resulted in the death of Prado-Reyes.

Schwarz testified that two knives were being held in evidence in the case, one, which was retrieved from under the seat of the car the suspect was riding in, and the other off a nearby storage shed. Schwarz said he believed one of the two knives was the murder weapon.

The victim had over six lacerations and punctures to his body from his scalp down to above his kneecap. Stab wounds on the victim were as deep as five inches and the autopsy concluded it was the stab wound to the left of center of Prado-Reyes' chest that proved to be fatal.

Schwarz further testified that Aldana initially denied involvement in the altercation, but when Schwarz confronted him with the blood evidence on his shirt and jeans, Aldana admitted that he had stabbed somebody, but did not say that it was Prado-Reyes. According to Schwarz, Aldana understood and waived his Miranda rights in discussing the killing and that Aldana's statement was videotaped.

Testimony by Schwarz said the fight started out as badgering back and forth between members of the 13th and 18th Street gangs. He said police have confirmed members from both gangs were present that evening. The deceased was the only one to go to the hospital in the deadly altercation and his only offensive wound was an abrasion on his knuckle. Witnesses have confirmed that Prado-Reyes was unarmed.

The deadly altercation was one of two at the same location, 15 and Erie streets, that morning. In the first fight, two individuals were jailed and two were sent to Tri-County Hospital for treatment. The second fight involved an estimated 10 to 20 persons and left a trail of blood from the center of the street to the inside of the home where Prado-Reyes was visiting that evening.

The two street fights that evening involved several weapons including beer bottles, a machete, a real estate sign and the two knives mentioned in Schwarz's accounting of the altercation.

Aldana was picked up in the parking lot of the hospital several hours later from inside his car.

Summer Zerr, Aldana's probation officer, gave other testimony at the hearing. Aldana is on probation for two open cases as well as two that have been resolved. One of those cases is an occurrence of third degree assault from September 2006.

Judge Clark considered several factors in the decision to try Aldana as an adult, including types of juvenile rehabilitation available, previous history as a juvenile and the age at which Aldana conducts himself. Citing public safety, Aldana's prior record and the fact that Aldana acts like an adult, Clark said he should face arraignment in district court as an adult.

In his closing remarks, public defender Derek Mitchell said, "Clearly the aggressor was not Mr. Aldana," referring to witness accounts stating that Aldana was summoned out to the street by the victim while he was at a barbecue in the backyard of the home of another participant in the fight. Mitchell requested that bail be reduced from $500,000 down to $100,000.

County Attorney Liz Waterman argued that Aldana's ties to Guatemala suggested he might be a flight risk.

Clark denied Mitchell's request and maintained bail amount to stay at $500,000.

The date for Aldana's arraignment in District Court has yet to be determined.

©Lexington Clipper-Herald 2008
http://www.lexch.com/site/news.cfm?news ... 8509&rfi=6

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