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Stabbing not premeditated, Ramirez attorney tells jury

Wednesday, October 8, 2008
(Updated 1:58 pm)

GREENSBORO — A young woman’s death at 17: a final act of control or a loss of control?

A jury must decide those questions this week in the first-degree murder trial of Juan Carlos Olivo Ramirez, 28, of 3008 Peebles Drive, Greensboro. He faces life in prison if convicted of stabbing April Caldwell to death on Christmas Day 2006.

A Guilford County assistant district attorney argued Tuesday that Ramirez wanted to control Caldwell. “If he wasn’t going to control April Caldwell in life,” Kelly Thompson said, “then he was certainly going to control her in death.”

During opening statements in Guilford County Superior Court, public defender Wayne Baucino admitted that his client killed Caldwell. But he argued that her death wasn’t premeditated, therefore jurors should find Ramirez guilty of no more than second-degree murder.

Baucino described that Christmas as a time of hope for Ramirez, who believed he would get back together with Caldwell and their son. But when he arrived at the apartment where Caldwell was staying, she told Ramirez that their relationship was over, Baucino said. She also told Ramirez she would call the police and say he had raped her when she was 14, Baucino told the jury.

Ramirez, who believed Caldwell was involved with other men, became so enraged that “he exploded,” Baucino said.

In the second day of the trial, Caldwell’s mother, Anna, testified that Ramirez showed up on Christmas and wouldn’t leave until April arrived. April told Ramirez that their relationship was over, and that he needed to move on, Anna Caldwell said.

After spending Christmas together and taking family photos, April left her parents’ home, Anna Caldwell said. She testified that a couple of hours later, her daughter called to ask for a ride.

Anna Caldwell testified that when she arrived at the apartment, she saw Ramirez leaving. She found April on the ground outside the apartment with a knife in her chest.

“I ran over to her, picked her hand up,” Anna Caldwell said. “I told her to squeeze my hand. She didn’t move.”

Baucino argued that Ramirez believed April Caldwell was having sex with her two roommates to pay for food and rent. On Christmas, he saw April in a sexual situation with one of the men, Baucino said.

Javier Tezoquiepa, one of the roommates, denied those allegations.

He testified that they were discussing plans to see a movie when Ramirez arrived.

In September 2007, federal marshals captured Ramirez in Flagstaff, Ariz., after Caldwell’s story appeared on “America’s Most Wanted.”

Christina McKee, a detention officer at Coconino County Jail in Flagstaff, testified that she was the interpreter when Greensboro detectives questioned Ramirez.

McKee testified that Ramirez told detectives he remembered beginning to stab April Caldwell but couldn’t remember continuing to do so.

Ramirez returned to Mexico where he said goodbye to his mother, McKee said. She also testified that Ramirez told detectives he confessed at church and he came back to the United States to see his son.

Prosecutors likely will close their case this morning.

Baucino said Tuesday afternoon that he expects Ramirez to testify, but he has no plans to call any other witnesses.

Contact Jennifer Fernandez at 373-7064 or jennifer.fernandez@news-record.com

Accompanying Photos

Joseph Rodriguez (News & Record)

Photo Caption: Anna Caldwell, mother of April Caldwell, listens to court testimony Tuesday.

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