No charges to be filed in killing of suspected beer thief

The Pima County Attorney’s Office declined to file charges against a man who in December shot and killed a man police say had stolen beer.

The shooter, whose name was redacted from police reports, reportedly killed Gerald Ramon, 46, on the afternoon of Dec. 6 after following Ramon from the Circle K on the corner of West Grant and North Oracle roads where, according to police, Ramon stole two cases of beer.

A jury likely would see the shooting as self-defense because Ramon “became the aggressor” when he raised a piece of wood and advanced toward the shooter in the parking lot of a nearby Burger King, said Kellie Johnson, chief criminal deputy with the Pima County Attorney’s Office.

“I didn’t believe there was a likelihood of conviction based on issues of justification,” Johnson said.

Prosecutors would have had to prove beyond a reasonable doubt that the shooting was not in self-defense, Johnson said, noting the shooter followed Ramon from a distance and did not confront him until Ramon stopped in the parking lot.

The shooter told Tucson police he suffers from hydrocephalus — a buildup of fluids in the brain — and has undergone several brain surgeries, according to the police report.

Given the shooter’s medical circumstances, a jury likely would have found that his fear of serious bodily harm or death was reasonable, Johnson said.

When asked if her decision not to file charges was based on the state’s “stand your ground” laws, Johnson said although some people may think it was “unwise” to have followed Ramon, the shooter still had the right to defend himself.

“There’s nothing illegal about a citizen following another citizen when they think a crime has been committed and are trying to get the police there,” Johnson said.

The shooter told police he was “terrified” by Ramon coming toward him with the piece of wood and felt he needed to shoot to protect himself.

The shooter told the Star by phone that he was the victim in the incident. The Star is not revealing his name because he was not charged with a crime, and he expressed a fear of retaliation.

“Sometimes we see crime happening and it’s just an impulse,” he said. “I know it wasn’t the wisest thing to do.”

When he walked into the Circle K to cash a lottery ticket and buy something to eat, Ramon was walking out with beer, he said. The clerks at the store said Ramon had not paid for the beer and “my impulses kicked in.”

Surveillance video at the store cited in the police report showed the shooter opening the door for Ramon and following him outside. A Circle K employee told police he got in his car and followed Ramon and the shooter, with the intention of calling the police once he discovered where Ramon was headed.

The shooter said he tried to reason with Ramon by saying, “Stop, it ain’t worth it,” but “his adrenaline was flowing pretty good. Mine was, too.”

He didn’t know if Ramon had a weapon and fired his handgun when Ramon charged at him with a tree limb, he said.

“It all happened so fast,” he said.

The shooter told police he carries a LC Ruger 9mm handgun in his front pants pocket, with a fully loaded magazine, a round in the chamber, and the safety on.

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When asked if he would ever follow another person he saw committing a crime, he said: “Absolutely never, no,” unless it was an egregious case, such as someone attacking an old woman.

“It wasn’t the wisest thing to do, but it happened,” he said. “I can’t rewind the tape.”

Family members of Ramon did not respond to a request for comment Wednesday, but in the days immediately after the shooting they told the Star that Ramon was a former firefighter on the Tohono O’Odham reservation who had worked in construction and landscaping for the past several years in Tucson.

Ramon was the father of a 13-year-old daughter and 4-year-old son, said his sister Clare Ramon.

He was a “big-hearted person,” she said. “He loved to sing and he loved to dream.”

“That’s not right, what he did. Following him and killing him,” she said of the shooter. “He should have just called 911 and let the officers take over, but him taking that action was not right.”

“He ended the life of a very good person, son, and friend to many,” she said.

Several people living in the area described Ramon as a jokester who went out of his way to help others.

A memorial including candles, a red balloon, flowers, a teddy bear and a plaque reading “The love of a family is life’s greatest blessing” was set up under a tree near the shooting site.

“We all knew him, so it hits us hard,” said Ramon’s friend Tony Tillis.

“The public looks at what side of town it’s on,” Tillis said. “If he’d killed a rich white guy, I guarantee he’d be charged. ”

Court records show Ramon had been convicted of misdemeanor charges of shoplifting, consuming liquor in public, assault, and criminal damage in the past five years. Ramon is not listed in the state prison system’s online records.

“If he felt threatened by a stick, why not shoot him in the leg?” said another friend of Ramon, Kenny Gonzales.

The bullet hit Ramon in the front left side of his torso and lodged in his spine, according to the police report.

Witness and police accounts in the Tucson police reports describe the piece of wood Ramon picked up as a “big stick,” “log,” “section of tree branch/old log” and “large tree branch.”

The length of the piece of wood was estimated at 18 inches by two officers. Another piece of wood found near the scene was described as being 4 feet long. The shooter told police the wood was 12 to 14 inches long and about as wide as a softball.

A Circle K employee told police the store loses about $6,000 each week to beer theft. One of the Circle K employees told officers Ramon was a “regular beer runner.”

One of the witnesses told police he heard the gunshot and arrived at the scene moments later. He held Ramon’s hand and prayed for him.