On Dec 17, 2012 Marcos Ishmael Ramon made a brief appearance in Courtroom 23 in the San Jose Hall of Justice. Ramon was arrested earlier this year for attempting to kill two people who were in a stolen vehicle near the Rotten Robbie gas station located at 605 South White Road in San Jose. Ramon is facing two felony counts under PC 664(a) – 187 – which holds a 25 years to life sentence – for the attempted murder. Ramon is also being charged under PC 246 – a felony discharge of a gun at a motor vehicle.
Ramon was driving a black GMC Yukon SUV when he stopped at a red light and began to argue with two occupants of a vehicle stopped next to him. When the light turned green he sped off after shooting into the 4D silver Honda Accord, hitting the two occupants inside the vehicle. When San Jose Police officers arrived at the scene the driver and passenger were suffering from gunshot wounds.
The passenger’s wound was from a bullet that had entered through the neck and then exited through the shoulder, breaking the collar bone, while the driver suffered minor injury, from a bullet that had struck his right ear.
Officers responding to the scene discovered that the vehicle the shooting victims had been driving was stolen.
When Ramon was spotted parking the SUV on the side of the roadway, SJPD officers approached the suspect, and took him into custody after determining him to be the driver at the time of the incident. When officers searched Ramon they also found that he had a set of Honda keys in his front pocket.
The SJPD Gang Investigation Unit was assigned to the case. A follow up investigation by the unit determined that Ramon had shot into the vehicle 4 to 5 times while speeding away.
San Jose Police Information Officer Albert Morales said, “Anytime gang activity is involved, the District Attorney will add the enhancement for the crime.” Morales said, “Ultimately police submit reports to the District Attorney, who makes the decision of whether to add gang enhancement charges against the suspect as a result of their activities.”
The driver of the second was a juvenile, and had been identified as the person who had stolen the Honda that Ramon had shot at. He was able to tell the police, through the aid a photo line-up, the person who had shot at him.
Morales said, “When Juveniles are involved in a crime it takes on a multitude of steps to help prevent the person from going back out and doing it again.” Morales said, “We are all here to help make the streets safe.”
After being released from the hospital he was then booked into juvenile hall for felony car theft. The suspect Ramon was taken to the Police Processing Center and was tested for gunshot residue, fingerprinted and booked into the Santa Clara Main County Jail on August 8, 2012.