A former McLennan Community College student who was convicted in the 2014 sexual assault of a former Baylor University student was placed on felony probation Monday.
Adrian Andres Ramos, 24, was convicted by a 19th State District Court jury in February and elected to have Judge Ralph Strother assess his punishment.
Strother reviewed a background report in the case before sentencing Ramos to felony probation for five years. The judge also ordered Ramos to serve 30 days in the county jail as a condition of probation, which Ramos will be allowed to serve on weekends so it won’t interfere with his school work.
Ramos, who is pursuing a degree from Texas Tech University through a program at MCC, is scheduled to graduate with a degree in biology in December, said his attorney, Josh Tetens.
“I think this should serve as a warning to any males or females, who are drinking and at a party or in college or in high school or otherwise, that their actions have very serious consequences,” Tetens said.
Ramos did not testify during the three-day trial, but told a police detective that while the Baylor student was drunk, he believed they had consensual sex.
Ramos’ sentencing presented Strother with what the judge described as a “highly unusual set of circumstances.” Ramos was seeking deferred probation, which he can only get from a judge after a guilty plea.
In cases where defendants are placed on deferred probation, there is no finding of guilt. Since a jury found Ramos guilty, Strother could not place him on deferred probation and the law does not allow judges to grant regular probation in sexual assault cases.
So in a bit of creative sentencing, the judge, prosecutors and Tetens reached what, in essence, was a plea bargain in which Strother would place Ramos on regular probation. In return, Ramos waived his right to ask for a new trial, agreed not to appeal and gave up his right to file an application for writ of habeas corpus alleging he deserves a new trial because his attorneys provided ineffective assistance of counsel.
During the trial in February, the woman testified she met Ramos through a mutual friend and they went to a party together on Halloween in 2014. She said Ramos got so drunk that she allowed him to sleep in her bed so he would not drive home.
She said nothing happened that evening, and she and Ramos and their roommates went to another party the next night, where she had too much to drink.
She told jurors Ramos let her sleep in his bed because she was drunk. She said she woke up and Ramos was in bed with her, rubbing her chest.
She said she was unable to speak or move. She said she did not reply when Ramos asked if she was ready to have sex. She said her roommate opened the door during the assault and asked if she was OK with what was happening. She said she did not reply, but Ramos said everything was OK.
“I was still trying to gather my voice. I was in shock and I thought it was over,” the woman said.
Ramos continued, she said, and she was able to tell him “don’t, don’t” multiple times.