Judge to decide Ramsey verdict
On Wednesday, a 23-year-old man opted for a judge to determine his fate in the homicide case involving the death of his girlfriend.
Ishemer Ramsey faces charges of homicide, felony conspiracy to commit homicide, hindering apprehension, misdemeanor abuse of a corpse, tampering with evidence and conspiracy charges.
Police allege Ramsey shot and killed his girlfriend, Butler native Melissa Barto, two days before his June 10, 2017, arrest following a traffic stop. He is also accused of burning and hiding her body on a Lawrence County farm with the help of a friend.
The Lyndora man has maintained his innocence. He remains in Butler County Prison, where he has been held without bond since his arrest.
Leading up to a jury being selected in his case, Ramsey's lawyer, Christopher Capozzi, informed Judge Timothy McCune his client wanted to waive his constitutional right to hold a jury trial in favor of a bench, or nonjury, trial.
Prosecutors agreed to the move Wednesday, and McCune permitted the case to move forward without a jury.
“This just makes it easier for everyone going forward,” said Assistant District Attorney Terri Schultz. Capozzi declined to comment.
McCune followed his decision by recusing himself from the case, citing his intimate knowledge of it as disqualifying. The case will now be reassigned to Judge William Shaffer and rescheduled.
In one of McCune's last acts in the case, he made a series of court decisions Aug. 30 regarding the use of evidence leading up to Barto's death that prosecutors want to utilize in the trial. Among his decisions, McCune permitted prosecutors to call James Howard-George, Ramsey's co-defendant, to testify in the case.
On the day Barto went missing — June 8, 2017 — prosecutors allege Ramsey and his friend, Howard-George, were observed buying red rope, a tan tarp and blue gloves from a Walmart in Butler Township.
McCune also allowed prosecutors to present evidence showing Ramsey “had a habit of wearing a firearm on his hip at all times” as well as testimony from several witnesses about Ramsey's alleged abuse of Barto.
Ramsey's case has yet to be scheduled for trial. A bench trial provides a person with the same constitutional rights as a jury trial. The most significant difference between the two is that the judge replaces the jury as the finder of fact. The judge also maintains his role of being the authority of all legal matters related to the trial.
