Nebraska Supreme Court affirms sentence of Omaha man convicted of two murders

The Nebraska Supreme Court ruled Friday that a 128- to 180-year prison sentence for an Omaha man who committed two murders at age 17 is not excessive.

Eric Ramirez, now 30, was 17 when shot and killed 22-year-old Luis Fernando-Silva and 27-year-old Tari Glinsmann during a gang-related string of robberies. A third person, Charles Denton, was also shot but survived.

Two other juveniles, then-15-year-old Juan Castaneda and then-18-year-old Edgar Cervantes, were also arrested for taking part in the robbery and killing spree. Cervantes testified for the prosecution at Ramirez’s trial and told the jury that Ramirez was the shooter.

After his trial in 2010, Ramirez was found guilty on two counts of first-degree murder, one count of attempted second-degree murder, three counts of use of a firearm to commit a felony and one count of criminal conspiracy. He was sentenced to two terms of life imprisonment.

But in 2012, the U.S. Supreme Court found it unconstitutional to sentence a juvenile convicted of murder to life in prison without the possibility of parole. In 2014, the Nebraska Supreme Court vacated the sentences for Ramirez and Castaneda and sent the cases back to district court for resentencing.

Castaneda was resentenced in 2016 to 105 to 125 years in prison for his role in the killings. Ramirez was resentenced last year to 128 to 180 years in prison.

Ramirez appealed this new sentence to the Nebraska Supreme Court, claiming that it was excessive and a “de facto life sentence.” He argued that the district court failed to consider the mitigating factors of remorse, background and family history. The high court disagreed.

“We are satisfied that the court resentenced Ramirez based upon his involvement in the crimes and having considered the facts and circumstances surrounding his life,” the court’s opinion states.

As for the claim that Ramirez’s sentence constitutes a “de facto life sentence,” the court also disagreed. He will be eligible for parole in 2072, when he is 80 years old.

Castaneda filed a similar appeal in 2017 following his resentencing, and the court came to the same conclusion.

Source: omaha.com, Molly Ashford, June 2, 2023

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