Man acquitted in San Francisco shooting after being jailed more than a year awaiting trial

SAN FRANCISCO -- A jury in San Francisco acquitted a man who had been in custody for more than a year on an attempted murder charge, finding he was defending himself and his girlfriend when he shot a man who had assaulted him, authorities said Thursday.

Mario Ramirez had spent the last year in jail awaiting trial, nearly nine months past a constitutionally-mandated trial deadline due to the extreme trial backlog in San Francisco Superior Court, according to a press statement from the San Francisco Public Defender's Office.

The shooting happened on Jan. 29, 2022 at around 1:20 a.m. on the 2000 block of Mission Street. Responding officers arrived to find a 39-year-old man suffering from gunshot wounds.

Following an investigation, police arrested Ramirez on Feb. 12 and on charges of attempted murder, assault with a deadly weapon, carrying a concealed firearm, carrying a loaded firearm with intent to commit a felony, and violating parole, among others.

However, evidence showed the alleged victim had assaulted Ramirez just hours before the shooting and had repeatedly threatened to assault him again, the public defender's office said. When the man confronted Ramirez and his pregnant girlfriend outside their home, Ramirez shot him once in the hip.

The man who was shot testified in court that he and Ramirez were former friends and admitted he was under the influence of methamphetamine when he assaulted Ramirez, accusing him of stealing from him. Ramirez's girlfriend testified that the couple avoided returning home for several hours over fear that the alleged victim would be there waiting for them, the public defender's office said.

Deputy Public Defender Will Helvestine argued in court that the force Ramirez used was reasonable under the circumstances and the jury agreed.

"The jury did the right and thoughtful thing in evaluating the situation for what it was - an act of self-defense and defense of others," said Helvestine in a prepared statement. "What's truly unfortunate is that Mr. Ramirez was held in jail so long past his speedy trial deadline that he missed the birth of his child."

While Ramirez was acquitted of attempted murder, assault with a semi-automatic weapon, and battery likely to cause great bodily injury, he was convicted of illegal gun possession.

The public defender's office said the latest data on the court's trial backlog shows approximately 840 cases with trial deadlines that have passed, including 150 people who remain jailed without trial.

"The opportunity to have a jury carefully review the evidence in a case, and having a highly skilled legal defense team, can make all the difference, but too many people in San Francisco are waiting months and years, often in jail or shackled to 24/7 ankle monitors, just to get that chance," said Public Defender Mano Raju in a statement.