SB County's district attorney defends his integrity following plea bargain

Joe Nelson, Staff Writer
Article Launched: 11/10/2008 01:52:26 AM PST

San Bernardino County District Attorney Michael A. Ramos wants to make one thing perfectly clear: He can't be bought.

The county's top prosecutor wants to dispel any public perception that more than $12,000 in contributions to his campaign in the last two years from the San Manuel Band of Mission Indians and an attorney had anything to do with a plea bargain that allowed two wealthy tribal members to receive probation and electronic monitoring for plotting to kill a man in 2006.

"This office will not, and cannot, and never will be bought. It doesn't matter who you are," Ramos said. "And that's the most important part of the DA's office - our integrity."

Tribal members Stacy Nunez-Barajas, 26, and her brother Erik Barajas, 36, were sentenced Thursday in San Bernardino Superior Court for their role in the spring 2006 scheme to have Leonard Epps killed. At the time, Epps managed the Brass Key, a Highland bar owned by San Manuel tribal member Greg Duro, a lifelong friend of his.

The murder plot was hatched following a confrontation Erik Barajas had at the bar with Epps and several gang members, who robbed Barajas of thousands of dollars, court records show.

The Barajases solicited the help of their gang associates, primarily Salvador Hernandez, the Mexican Mafia's captain of the Inland Empire, to kill Epps.

Efforts to have Epps killed were well under way before they were thwarted by police and federal drug agents, who learned of the murder conspiracy while investigating the Mexican Mafia's methamphetamine distribution rackets in the San Bernardino area.

Hernandez, 43, and his brother Alfred Hernandez, 39, were each sentenced in August to 10 years in state prison for the crime of attempted murder with a gang enhancement.

Although Erik Barajas admitted to initiating the murder plot, and his sister facilitated it through her gang ties, they will serve no time in state prison unless they violate the terms of their probation. If they do, they each face a minimum of 10 years in prison.

Nunez-Barajas pleaded guilty on April 17 to attempted murder, transportation of drugs and possession of drugs in jail. She'll receive one year of house arrest, electronic monitoring and five years supervised probation under the terms of her plea agreement. Her brother pleaded guilty to assault with a firearm and will receive six months of house arrest, electronic monitoring and five years of supervised probation.

Although the specifics as to why and how the plea bargains were reached have not been disclosed. Deputy District Attorney Douglas Poston maintains the decision was based on a careful weighing of the evidence and concurrence by all investigating parties involved.

Epps' attorney, Frank Peterson, said he cannot fathom how the Barajases averted prison time.

"To me, it goes beyond reason," Peterson said.

But he doesn't believe campaign contributions had anything to do with it.

"I don't think that Mike has any corruption problems," Peterson said.

Still, the plea agreements left some questioning the disposition of the case and how it was reached.

California Secretary of State records show that Ramos received a $7,000 contribution from the tribe exactly one week after the plea bargains were struck in April. But that date isn't consistent with Ramos' campaign statements filed with the county, which show he received the contribution on May 27, the same day Ramos received a $600 contribution from Nunez-Barajas' attorney, Albert Perez Jr.

Perez couldn't be reached for comment Friday.

In July 2007, Ramos received a $5,000 contribution from the tribe.

Despite the coincidences, Ramos said the donations from the tribe were for his annual golf tournament fundraiser held every June.

"The tribe has supported me since 2001, when I first ran in office against my former boss," Ramos said.

San Manuel spokesman Jacob Coin said any suspicion of the tribe influencing law enforcement's disposition on any criminal case is unfounded.

"Our political contributions are made clearly with the intent of advancing principles that we believe in, and if these principles are shared by people running for office, we want to support them," Coin said. "Our campaign giving is not some frivolous exercise. There's a rhyme and reason for why San Manuel gets involved."

He said the tribe is on board with Ramos' policies on public safety.

"He believes in a safe and secure community, just as we do ..." Coin said. "We want a united front when it comes to public safety and a secure community."

Chief Deputy District Attorney Dennis Christy stressed that Ramos had no part in the settlement and disposition of the Barajas case.

"I can tell you that with assuredness. There is no causal connection," he said.

Christy alluded to recent flare-ups on the San Manuel reservation involving tribal chairman James Ramos, Stacy Nunez-Barajas and her father, Kenneth Barajas.

During a tribal council meeting, in which the tribe was considering fining Nunez-Barajas for fighting with a casino patron, James Ramos was allegedly threatened by Nunez-Barajas and her father.

James Ramos sought a restraining order against the pair, claiming he feared for his life and that Nunez-Barajas was a suspect in the "hitman for hire" case. A restraining order was granted on Kenneth Barajas.

"This is not a situation where the ones who source the funds (campaign contributions) wanted to see this happen," he said, referring to the plea agreements. "The play that Mike Ramos caused this disposition to happen, it's just not there."