Lexington police deny request for video after wrong person was arrested on murder charge

The Lexington Police Department has denied an open records request asking for body camera footage from the arrest of Javier Manriquez Ramos, who police thought was Nicholas Trujillo-Ruiz, the suspect of a murder in Texas that occurred more than 40 years ago.

Nine days after the arrest, Ramos’ legal team said they proved their client was not the person wanted on the warrant and the real suspect was dead. The case was ultimately dismissed and Ramos was released from jail, according to court records. Police issued a statement later saying Ramos had identification that matched the murder suspect and didn’t provide any ID to show he was someone else.

The Herald-Leader requested body camera footage from the Lexington police officers involved in the apprehension of Ramos through the state’s open records law. The request was denied — police cited an exemption in state law that allows them to withhold information if it is part of an active investigation.

“Prematurely releasing documentation prior to the closure of that matter may lead to sensitive and/or intimate details becoming public,” Candace Pelfrey, an assistant records custodian with the Lexington Police Department, wrote in a letter to the Herald-Leader. “This could cause potential hazards, including but not being limited to: tainting potential witness testimony and/or making it difficult to locate cooperative witnesses for fear of retaliation.”

Michael Abate, a First Amendment and media law attorney, said Kentucky law states an open investigation is not enough to withhold investigative files in a records request.

“They have to make a specific showing that the release of these records, because of their contents, would cause a concrete harm to an ongoing investigation,” Abate said. “They can’t just say, ‘There’s a pending investigation.’ They have to show exactly why the release of this information would cause harm.”

Abate said one example of a reason to deny a records request would be to protect the identity of a confidential informant whose information would be revealed if the record was released.

When asked for further clarification about the open investigation, LPD spokesperson Hannah Sloan said Ramos was charged with criminally possessing a forged instrument because he allegedly provided false identification during his arrest.

“As a result, the case and investigation are still open,” Sloan said.

Why was Ramos arrested in the first place?

On April 10 police were in the 3700 block of Camelot Drive to investigate a report of gunshots. A Flock license plate-tracking camera helped lead investigators to a nearby residence. At the residence, Ramos was found with an official Tamaulipas State identification card from Mexico that was issued to Nicholas Trujillo-Ruiz.

Officers ran the ID through the National Crime Information Center online database and learned that Trujillo-Ruiz had an outstanding warrant for a 1980 murder in Harris County, Texas. Police said the warrant had the same date of birth as the ID card and Ramos matched the physical description on the warrant.

“Officers worked for twenty minutes with the man and family members present to determine if he was the same individual who had a warrant,” Sloan previously said in a news release. “During the investigation, the individual and family members did not provide officers with a different name nor state that the I.D. presented was false.

“Officers asked for any other identification from the individual, but no one could not provide another form of identification.”

Ramos was arrested and taken to the Fayette County Detention Center for processing. Police said Language Line Services were used at the jail to explain the situation to Ramos. He told officers he had moved away from Texas roughly 25 years ago, but did not tell officers he was not Trujillo-Ruiz.

At a review hearing nine days after the arrest, lawyer Abe Mashni’s criminal defense team said they investigated the case and determined the real Trujillo-Ruiz died several years earlier, and the identity of their client was actually Javier Manriquez. Manriquez was identified as Javier Manriquez Ramos in court records. The case was resolved in Fayette District Court, Mashni said.

Maj. Matt LeMonds of the Fayette County Detention Center said Ramos was released from jail the day of the hearing.

In a news release addressing the incident, police said Ramos would have avoided the incident if he didn’t provide the wrong ID.

“This individual would have not been arrested for the warrant if he had been truthful and had not provided officers a false identification,” police said in a news release.

Mashni said his client’s reputation has been harmed and he should not suffer any further damage.

“The recent case involving Mr. Manriquez is a reminder of why presuming guilt without compelling evidence is an unacceptable action,” the law office said in a press release.

Mashni also confirmed to the Herald-Leader he is representing Ramos on his new charges, but declined to comment further on the case.

Ramos is scheduled to appear in court May 25 for his new charge.