Charges filed in ‘good Samaritan’ case

Ramon Vazquez-Carmona

Charges have been filed in connection with the death of a “good Samaritan” who stopped to help a motorist on March 14 near 59th and Nogard Avenue in Kansas City, Kansas.

Ramon Vazquez-Carmona, 42, has been charged with involuntary manslaughter while driving under the influence, which is a felony, according to documents filed by the district attorney.

He also was charged with a second count, unlawfully driving a motor vehicle on a public highway without having a valid driver’s license, which is a misdemeanor.

A pickup truck allegedly driven by Vazquez-Carmona struck and killed Cynthia Marlene Goulding, who had stopped to help the driver of a sport utility vehicle that had been in an accident. According to police accounts at the time, the SUV had been struck by a sedan whose occupants fled on foot. Goulding was standing next to the SUV to check on the driver when the SUV was hit by a pickup truck, according to police accounts. It happened around 3:04 a.m. March 14, according to police.

Vazquez-Carmona was in the Wyandotte County Jail from March 14 to 16 and is now in federal custody, according to the DA’s spokesman.

Kansas Supreme Court affirms district court’s opinion in Cheeks case

The Kansas Supreme Court today affirmed the Wyandotte County District Court’s denial of Jerome Cheeks’ motion seeking postconviction DNA testing.

The district court had denied the motion on remand from the Supreme Court.

Cheeks was found guilty by a jury in 1993 of the second-degree murder of his wife. His wife had been assaulted and beaten to death. Cheeks was sentenced to 15 years to life. By the time the district court was hearing the remanded case from the Supreme Court the first time, he had been released from prison.

Cheeks had sought postconviction DNA testing in a motion filed in 2009, according to court documents. The state statute on DNA testing authorizes person who were convicted of first-degree murder or rape to petition for DNA testing, if they meet other eligibility factors in the law.

The district court rejected Cheeks’ motion because he was not convicted of first-degree murder or rape; he was convicted of second-degree murder.

Cheeks’ attorney argued the law of the case doctrine and the mandate rule required the district court to grant his motion based on the Supreme Court’s ruling in his prior appeal. In that prior appeal, the 14th Amendment equal protection clause was cited.

The Supreme Court held the law of the case doctrine did not compel the district court to grant the motion, as the Supreme Court had issued an intervening contrary decision regarding the applicable law, and the Supreme Court’s decision from Cheeks’ prior appeal is now clearly erroneous, according to today’s decision.

The earlier Supreme Court decision on the Cheeks case stated that he was similarly situated to defendants convicted of first-degree murder. In 2019, the Kansas Supreme Court decided State vs. LaPointe, which overruled the first Cheeks decision.

Today the Supreme Court stated, in a decision written by Justice Keynen Wall Jr., “there can be no dispute that LaPointe is binding precedent, and it overrules Cheeks I. Thus, it would be futile to reverse and remand this matter to the district court for failing to adhere to prior appellate mandates when LaPointe ineveitably controls the ultimate disposition of Cheeks’ motion on remand under K.S.A. 21-2512. We therefore affirm the district court’s denial of Cheeks’ motion for postconviction DNA testing.”

Justice Marla Luckert, joined by Justice Evelyn Wilson, dissented from the majority ruling today. They stated the narrow holding from Cheeks’ prior appeal remains good law and that Cheeks should remain eligible for DNA testing if he satisfies the remaining statutory requirements.

Today’s decision is online at
https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/122621.pdf?ext=.pdf.

Branson performer pleads guilty to fraud scheme

A performer at a Branson, Missouri, theater pleaded guilty in federal court Thursday to stealing more than $85,000 from hundreds of his own audience members who donated to his non-existent charity for foster children.

“For several years, this performer took advantage of his own audiences by pulling at their heartstrings while stealing from their pockets,” said acting U.S. Attorney Teresa A. Moore, in the Western District of Missouri. “He cynically and greedily victimized donors who falsely believed they were helping foster children. There’s no way to know how much cash was actually stolen, but we intend to seek restitution for the victims law enforcement has identified, as well as prison time and a hefty fine.”

James Patrick Garrett, 65, of Branson, Missouri, waived his right to a grand jury and pleaded guilty to a federal information that charges him with one count of wire fraud.

“Today’s plea is a reminder that the United States Secret Service is committed to aggressively investigating and pursuing those who commit financial crimes,” said Brandon C. Bridgeforth, special agent in charge, U.S. Secret Service, Kansas City Field Office. “This defendant used his theater and platform as a performer, to prey on the generosity of those attending his performances. The defendant took advantage of these people who thought they were helping children in need, and then defrauded them. This investigation is a testament to the strong partnership between the Secret Service, the Branson, Mo., Police Department and the U.S. Attorney’s Office.”

“The Branson Police Department is always looking out for the best interest of our residents and visitors,” Branson Police Chief Jeff Matthews said. “We initiated this investigation and presented it to our federal partners at the United States Secret Service last year. They adopted the case and were successful in presenting it to the U.S. Attorney for prosecution. These kinds of relationships and partnerships help us protect our community and the values Branson is known for.”

Garrett performed the John Denver Tribute at the Branson IMAX. The show, which Garrett performed approximately six days a week throughout the year, consists of musicians covering songs made popular by the late John Denver and other classic country artists.

On Nov. 3, 2012, Garrett created Diamond Jym Ranch, Inc., with himself as president and a member of its board of directors. According to its articles of incorporation, Diamond Jym Ranch was ostensibly created for “the purpose of establishing homes for displaced or homeless boys or girls, to provide training and education for such children, to provide them with food, lodging, and their well being.”

By pleading guilty, Garrett admitted that he victimized his audience members through a fraud scheme that lasted from March 2016 to August 2020. At the conclusion of each John Denver Tribute, Garrett solicited members of his audience to donate to Diamond Jym Ranch. Garrett falsely told audiences that he had created homes for foster children in Branson and Texas. Garrett told audience members their donations to Diamond Jym Ranch would go to support the foster homes and to support foster children. None of those claims were true, and Garrett knew they were false at the time he made the representations.

Garrett placed a donation box at the exit of the theatre where he performed the John Denver Tribute. Hundreds of audience members left their donations in the donation box. Garrett also directed audience members who wanted to make monthly or regular donations to Diamond Jym Ranch to mail their checks to his home address in Branson.

Garrett admitted that he used the money that he raised for his personal living expenses, which included frequently dining out at Branson restaurants, credit card debt, rent, taxes, mortgage payments, health insurance, and automobile insurance.

In total, over the course of many years, Garrett induced hundreds of John Denver Tribute audience members to make financial donations to Diamond Jym Ranch for the purpose of supporting foster children and homes for foster children. Garrett’s scheme to defraud resulted in a collective loss to his victims of at least $85,525, according to the U.S. attorney’s office.

The specific charge to which Garrett pleaded guilty Thursday involves a $1,000 contribution made by an audience member identified in court documents as “D.C.,” a resident of Illinois. Garrett used D.C.’s donation for his own personal purposes and not to the benefit of foster children.

Under federal statutes, Garrett is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Shannon Kempf. It was investigated by the U.S. Secret Service and the Branson, Missouri, Police Department, as part of the U.S. Secret Service Financial Crimes Task Force.