Superior Court Judge Brenda Weaver denied bond to Marcos Ramirez Thursday morning during a hearing in Fannin County. The sixteen year old defendant is accused of raping an underage family member, which allegedly occurred in Gilmer County. The case, however, was moved to Fannin County due to a scheduling conflict at the Gilmer Courthouse, in an effort to expedite proceedings. According to his testimony, Gilmer County Deputy Christopher Couch answered the dispatch call to the incident. Couch said when he arrived at the Ellijay residence he found the defendant’s and victim’s families sitting “family style” in the living room. He went on to say he then interviewed the defendant outside on the porch. Couch said the defendant admitted he had committed the alleged crime.

During his cross examination of the defendant’s father, the defense attorney mentioned a previous family violence case involving the witness, which according to Defense ended in a plea bargain.

Representing the prosecution, the state requested the court deny bond for the defendant. The Defense, though, argued the home environment would be safe if bond was granted. Through an interpreter, the defendant’s father, who was from Guatemala, said he and his wife, the mother of the defendant, worked different shifts, so someone would always be home to watch their son if bond was granted. The defendant’s twenty-one year old brother, the father said, would also be in the home to watch the defendant. In closing, the defense argued that the defendant would not pose a threat to society if released, saying the defendant is obedient, has a high respect for authority, and does not pose a flight risk.

Prosecution, though, urged the court to consider the severity of charges. Prosecution said it did not see how the victim would be protected at all if the defendant was released, noting the victim lives approximately only one mile from the defendant. A psychological report submitted to the court did not address reasons for the crime, Prosecution said, saying there was still a threat to the victim and the possibility of the crime occurring again.

After closing arguments, Judge Weaver delivered her decision, denying the defendant bond. Weaver also set a date for the arraignment, which will be held on April 23rd at the Gilmer County Courthouse at 1:30 P.M. Present at the hearing, District Attorney Alison Sosebee said Defense has filed a request for the case to be transferred to juvenile court.

“The state,”

she said,

“is opposing a transfer to juvenile court given the nature of the crimes alleged in the indictment.”

When asked to respond to Weaver’s decision, Defense said it would not comment.

The trial has been expedited and will begin on May twentieth.