New bail for Colby student in Easter fracas
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BY COLIN HICKEY
Staff Writer
Kennebec Journal & Morning Sentinel 05/02/2009

AUGUSTA -- One of the Colby College students arrested in a campus incident early Easter morning had his bail conditions modified Friday in Kennebec County Superior Court.

Ozzy Ramirez, 22, can no longer be searched and tested for alcohol and illegal-drug possession or use unless a law-enforcement authority has an "articulable suspicion," or just reason, for the action.

Previously Ramirez's bail conditions gave police the right to search and test Ramirez without provocation.

Justice Nancy Mills made the ruling after listening to arguments from lawyer Jason Jabar, who is representing Ramirez without pay, and assistant district attorney Brad Grant. Ramirez did not attend the hearing.

Mills, however, said she would not change the condition that Ramirez must continue to abstain from alcohol and illegal-drug possession and use, noting that a blood-alcohol content of .134 "is getting up there."

Blood-alcohol content is a measure of intoxication. In Maine a person driving a car with a BAC of .08 or higher is violating the law.

"I'm very pleased with Justice Mills' decision," District Attorney Evert Fowle said after the hearing. "It was appropriate based on the facts of this case as we understand it. It will support a more peaceful and safe atmosphere at Colby College between now and graduation."

Jabar had a less positive opinion of the decision.

"At least now they can't pull him over for any reason at any time," he said. "They have to give a reason for doing it now. I'm still not happy with (the conditions), but they are better than they were."

Grant said police tested Ramirez 45 minutes after they arrested him April 12 and found his BAC to be .134.

Jabar argued that Ramirez is a student in good standing at Colby -- Ramirez is due to graduate this month -- who already has secured a job teaching in an inner-city school.

Ramirez, he said, has no criminal history and has served as a volunteer mentor for children and as president of a student organization during his student career at Colby.

Jabar said Ramirez, based on his character and history, is no threat to violate any of the objectives of the bail code.

Police arrested Ramirez and fellow Colby student Jacob Roundtree, 21, after the two allegedly tried to interfere with the medical assessment of a fellow student who reportedly was ill and lying on a couch in the college's student center.

The district attorney's office has yet to file charges in the case.

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