Former prosecutor: Modesto father of slain boy received ‘generous’ deal for testimony

A former prosecutor on Tuesday testified that the Modesto father of a slain boy received a “generous” plea deal in exchange for his testimony against three men charged in his son’s death.

Aaron Aguilera, Randy Sifuentez and Joe Luis Ramirez are charged with murder in the 2009 shooting deaths of 10-year-old Epifanio Ramirez Jr. and 29-year-old Jason Cyphers in Modesto’s La Loma neighborhood.

Carl Faller, a former state and federal chief prosecutor, reviewed the deal the boy’s father, Epifanio Ramirez Sr., received from federal prosecutors when he agreed to testify against the three defendants.

Typically, federal prosecutors won’t guarantee a reduced sentence until after the defendant has fully cooperated, according to Faller. Epifanio Ramirez Sr. received his reduced sentence before he testified in the trial.

“We never liked to give upfront incentives,” Faller told the jury about federal plea deals. “We’d prefer pay-as-you-go.”

The plea agreement documents for the father did not provide a detailed account of what the father would say in the trial. His federal prison sentence was reduced by 45 percent; federal prosecutors are only allowed to offer a maximum 50 percent prison reduction without authorization from the U.S. attorney in that district.

Faller testified that the deal with Epifanio Ramirez Sr. would not have been an ideal agreement with a defendant when he worked for the U.S. Attorney’s Office in Fresno. Faller now works as a defense attorney and was called to the witness stand by the defense.

During cross-examination, Faller said there was nothing illegal about the father’s plea deal and it was within court rules. He also said a federal judge can reject a proposed plea deal if there is a risk to public safety or the agreement was outside the realm of reason.

Before the deadly shooting, authorities had seized a sawed-off shotgun, a rifle and a .357-caliber handgun found at Epifanio Ramirez Sr.’s home. That’s why he wasn’t armed when gunmen fired shots into his garage on the night his son was killed, the father testified.

Authorities say the father was the intended target of the shooting. One of the bullets struck his hand.

Shortly after the shooting, Epifanio Ramirez Sr. was taken to a Bay Area hospital, where his finger was amputated. When Ramirez tried to check out of the hospital, federal marshals took him into custody. Federal prosecutors indicted Ramirez on charges of illegal weapons possession.

The father no longer is in custody and is serving federal parole.

Faller testified that an average of 5 percent to 8 percent of federally indicted defendants in the Eastern District of California go to trial. He said the rest are resolved with plea deals.

He also told the jury that federal judges usually rely on information from prosecutors when deciding whether to approve a plea deal. Unlike state courts, federal judges are prohibited from being involved in plea deal negotiations.

This story was originally published July 15, 2015 at 3:11 PM with the headline "Former prosecutor: Modesto father of slain boy received ‘generous’ deal for testimony."