Utah Man Waives Miranda Rights, Admits to Murder and Scrubbing Crime Scene

An Ogden Utah Man was arrested after he waived his Miranda rights, openly admitting to murdering a woman and scrubbing the crime scene.

Criminal homicide

Photo by: Rynerson Bail Bonds

The deceased body of an adult woman was found lying in some brush on the side of a road in South Ogden last Monday. The woman appeared to have several stab wounds, and police on scene were unable to locate a suspect or a weapon. Officers proceeded to the woman’s apartment nearby and spoke to her roommates who agreed to accompany officers to the station to be interviewed.

Waived Miranda Rights

Prior to the police interview, one of the roommates named Jesus Martinez Ramos Jr was read his Miranda Rights, warning him that anything he said could be used against him while reminding him he could request an attorney to represent him. Ramos waived his Miranda Rights and spoke openly to police without the presence of any legal representation. During the interview, Ramos admitted to murdering his female roommate, moving her body, scrubbing the crime scene, and throwing away evidence-including the murder weapon. Ramos then went a step further by telling officers where they could find the knife used in the attack. Ramos was charged with first degree criminal homicide and second degree obstruction of justice.

No harm in requesting an attorney

Many people who are facing criminal charges assume if they tell investigators everything they want to hear, maybe they will either be spared or given better treatment for their extra cooperation. Unfortunately, rarely does it work out in the best interest of the suspect to do so. Sometimes, being open and agreeable with investigators can lead to unexpected or unwarranted charges that may not have been true, such as premeditation of the criminal events. Prior to any police questioning, it is always encouraged to request the presence of an attorney to guide a suspect through the questioning. Even if the evidence is stacked against the suspect, an attorney can still ensure they are afforded all rights, including protecting themselves against self-incrimination.

Reduce the Risk of Additional Charges Following an Arrest

When someone is placed under arrest, they are booked under specific charges pertaining to that arrest. Just as the individuals arrested can fight to have charges reduced or dropped, there is also the chance that extra charges can be added following the arrest.

Failure to comply with arrest and booking

Photo by: Campaign Against Arms Trade

One main cause of added charges following an arrest is due to the behavior of the alleged offender during the time of being arrested and placed behind bars. Being handcuffed and whisked off to jail is a stressful moment that can unfortunately bring out the worst in people. Some individuals make a bad situation worse by:

• Resisting arrest or as Utah Code 76-8-305 states “refusing to perform any act required by lawful order necessary to effect the arrest or detention (…) made by a peace officer”, a class B misdemeanor;
• Attempting to flee police, a class A misdemeanor;
Spitting, urinating, or propelling any bodily fluid at an officer, potentially adding a third degree felony onto the list of charges;
• Physically assaulting an officer while in the custody of law enforcement, a third degree felony defined by section 76-5-102.5. If the charges are enhanced to aggravated assault by a prisoner, then the defendant may face an additional second or first degree felony as stated in 76-5-103.5; or
• Once at the local jail, kicking, punching, or otherwise damaging jail property, resulting in an added third degree felony.

Regardless of whether or not the arrestee feels they should be taken into police custody, they are encouraged to be respectful and cooperative during and after being read their Miranda rights. This does not mean they have to converse with officers regarding details of the arrest however, as that in itself can lead to added charges.

Spilling all the beans

Photo by: Emilio Küffer

While there are some who react vehemently to being placed under arrest, there are others who go too far the other direction by trying to be overly compliant to officers on the scene. In an effort to possibly smooth things over, some arrestees decide to share every single detail related to the charges. Not only can their over-the-top candor cement the charges against that individual, it can help investigators who may already be trying to tie other charges to the defendant. It is best to politely decline any discussion with officers until an attorney is present.

Accumulating charges prior to trial

Another way charges can be added is if more evidence comes to light or if the prosecution attempts to add or enhance charges. For example, if a person is arrested for possession of marijuana, the prosecution could look at the amount of marijuana in question, and attempt to call it enough to charge the defendant with intent to distribute, even if it was initially determined to be only for personal use. If the person drove through a school zone with the marijuana in their car, the prosecution could also add enhanced possession in a school zone charges. Maybe they had kids in the home or car, so by all means throw in some child abuse or child neglect charges on top. Also known as stacking charges, this is a common occurrence and a reason so many individuals get scared into accepting plea deals (a.k.a. pleading guilty to lesser charges) without first obtaining proper counsel for themselves.

Have an attorney ready

Photo by: Kevin Johnston

With so many variables working against someone following an arrest, the best plan to avoid additional charges is to:

• remain calm;
• be prepared with the name of a reputable attorney;
• give the defense attorney’s name to authorities during the arrest;
• Stay quiet until advised otherwise by counsel; and finally
• Trust that a knowledgeable attorney will be able to see through charge stacking to decide the best option possible for each defendant depending on their specific case.

Invoking Fifth Amendment Rights Involves Speaking After All

Prior to an arrest, the arrestee is read their Miranda rights which state they have the right to remain silent; however invoking their Fifth Amendment Rights prior to an arrest may actually involve speaking after all.

Cooperate without self-incrimination

Photo by: Cristian V.

When an individual is facing legal trouble, it is common for that person to either:

• Cooperate and communicate fully with law enforcement, often offering more information than they should, or
• Clam up, refusing to say a word because they have the “right to remain silent”, right?

Unfortunately, there is a fine line that persons facing arrest must tread between cooperating with police and protecting their Fifth Amendment Rights against self-incrimination. Although everyone has the right to remain silent, that doesn’t always mean it’s the best choice to be a stone wall. Complete silence could be seen as insubordination or even guilt. So when should a person remain silent and how can they do so without causing rifts with law enforcement?

Miranda Warning

The Miranda Warning is given to everyone prior to arrest and acknowledges the arrestee’s right to remain silent and to obtain counsel before being questioned. Once the Miranda Warning is read, it is wise to keep quiet until legal counsel is there to assist in the interrogation. What about the sometimes lengthy time before being arrested? What if an individual isn’t actually being arrested, just questioned?

Questioning or interrogation

If an individual is facing questioning from law enforcement without an attorney present and they feel wary about answering any questions, they can politely ask police if they are being arrested or if they are free to go. If they are not being arrested, then they have no legal obligation to stay and answer questions from officers on scene. If officers state that they are being arrested or detained, that is when the individuals should have the Miranda Warning read to them. If the questions persist without a warning given, the arrestee should then invoke their right to remain silent, by verbally informing officers they:

• Are invoking their Fifth Amendment Rights (or Miranda Rights);
• Wish to remain silent; or
• Would like their attorney present.

According to the United States Supreme Court in Davis v. United States, “If the suspect invokes that right at any time, the police must immediately cease questioning him until an attorney is present.” Once a person has invoked their Fifth Amendment Right to remain silent, they are encouraged to contact a reputable criminal defense attorney to be present in all future interrogations.