BY RACHEL DOVE
MOUNTAIN CITIZEN
INEZ — In an uncommon move locally for felony criminal cases, the second-degree manslaughter case of 20-year-old Timothy Ramey II of Tomahawk will go before a court-appointed mediator.
This decision, initiated by the defense, seeks a potential resolution outside a traditional court trial. However, the final decision in the legal path of the case rests with the presiding judge.
Ramey’s case stems from a crash in April 2022 that resulted in the death of 15-year-old passenger Brenda Maynard. The accident occurred around 4:30 a.m. when Ramey lost control of the 1998 Ford Mustang he was driving. The car veered off Old Route 3 and overturned on its top, ejecting Maynard from the back seat. The Martin County coroner pronounced her dead at the scene.
In January, a Martin County grand jury indicted Ramey, alleging he behaved wantonly, causing Maynard’s death.
Shedding light on the mediation path, Assistant Commonwealth Attorney Matt Runyon said this is his third felony case directed to mediation.
“The thought process of being sent to a mediator in a criminal case is similar to that of a civil case, but of course, the nature of the case is different,” Runyon said. “In regard to misdemeanor cases, a third-party attorney not affiliated with the case on any level is appointed as mediator. However, when the charges are of a felony nature, as is the case against Mr. Ramey, the appointed mediator is a retired judge.”
The mediator’s role is to meticulously review evidence, identify strengths and potential pitfalls, and advise both parties.
“The mediator makes a non-binding recommendation. He or she, in no way, decides the outcome of the case. They only offer advice,” said Runyon.
“Once the mediator speaks with each side, then we all come together to hear if the mediator believes a plea is the right decision or if the case should continue to trial. If no plea is reached and we go to trial, we haven’t lost anything by having the case reviewed by a mediator. Basically, it’s a ‘no harm, no foul’ sort of deal.”
Mediation can culminate in a mutual agreement, which is then presented to the judge for approval or rejection.
Highlighting the growing trend, Runyon mentioned that felonies resorting to mediation, traditionally a misdemeanor domain, is gaining traction statewide.
“Using a mediator is not a new practice within the legal system. It is generally reserved for misdemeanor cases rather than felony charges but is becoming more popular across the state,” said Runyon. “It is seen as a way not only to avoid the cost and time involved in a jury trial in some cases when it’s not in the best interest but also gives you another opinion on whether your case is strong enough to warrant a conviction or for the defense counsel to adequately prove his client’s innocence.”
The date for the parties to meet in Ramey’s case will follow the mediator’s review of the evidence.
Closing on a somber note, Runyon stated, “My main objective is to ensure that justice will be served and that the end result is one we can all agree on. This is a very sad case. A young woman lost her life far too soon, and that is something our court system will never take lightly.”