The Colorado Court of Appeals has reversed the conviction of Ramon Alberto DeJesus III, who was found guilty of drug distribution in Montezuma County District Court in 2022.
His new trial date will be determined in the new year after the mandate has been set.
“Once that happens, future court proceedings will be set in the 22nd,” Eric Hogue, court executive for the Sixth and 22nd Judicial District, told The Journal.
DeJesus, known by the nickname “Ray Ray,” was arrested in 2021 by the Montezuma-Cortez Narcotics Team after an undercover drug operation. DeJesus was living at the Mesa Verde Inn in Cortez, but was arrested at a trailer park on U.S. Highway 160.
Upon arrival at the Montezuma County Detention Center, DeJesus was found to have a bag with 14.6 grams of methamphetamine on his person, as well as five small bags with small amounts inside.
He was held on a $40,000 bond and charged with “possession with intent to manufacture or distribute, a schedule I or II controlled substance, introducing contraband in the first degree and three habitual criminal counts.”
In April, DeJesus was sentenced by District Judge Christopher Munch to 16 years in the Department of Corrections for drug distribution of methamphetamine, a Class 2 felony, after a two-day trial.
He was given one year of credit for time served.
On Nov. 27, the Colorado Court of Appeals announced it would be reverse and remand DeJesus’ 2022 trial, requiring that a new trial be set.
The Colorado Court of Appeals ultimately decided that the main evidence presented against DeJesus was misleading, as it allegedly included redacted or muted statements. Because of this, the judges said they did not believe the trial proved beyond a shadow of a doubt that DeJesus knowingly possessed the drugs found on his person.
During the trial, evidence showed that a Montezuma County Sheriff’s deputy Steven Smith was on patrol searching for a woman with warrants when he saw DeJesus and another man working on a motorcycle. After checking for active warrants on the men, he arrested DeJesus on warrant for “suspected drug crimes.”
In his initial search, Smith did not find any drugs on his person.
While booking DeJesus at the jail, he found the large baggie of methamphetamine in the right-side pocket of the basketball shorts under his sweatpants. When DeJesus was searched by a second deputy after entering the jail, five smaller baggies of meth were discovered in the left-side pocket of his basketball shorts.
When the bodycam footage was presented to the jury, the Court of Appeals’ document said that DeJesus was asked, “You got (any) thing else?” after Smith’s discovery of the large baggie of meth.
Then, the Court of Appeals noted that DeJesus’ responses denying the drugs were his were redacted of muted, allowing the jury to believe that DeJesus had no explanation for the drugs being in his possession.
“Either way, depicting him as having been silent in response to the deputies finding the drugs created a misleading impression that was directly relevant to an element of the charged offense,” the court said.
The court went on to say that since DeJesus’ statements were allegedly muted, it hadn’t been proved the DeJesus knowingly possessed the drugs, which was necessary knowledge for his conviction.
The court went as far as to suggest that DeJesus could have been framed or had the drugs planted on him.
“DeJesus’ redacted or muted statements attempted to explain that he had no knowledge of the drugs found in his pockets and suggested that perhaps they were planted there by law enforcement or someone else,” the court said.
Before to his arrest in 2021, DeJesus was arrested for allegedly selling meth in two instances. He allegedly sold 14.6 grams of meth in July of 2020 and tried to sell 28.8 grams in August 2020.
The mandate is set to issue on Jan. 9, and DeJesus’ next trial date will be set after the mandate.
