eric ramos-tecumseh riot.jpg

Eric Ramos was charged with murder in the slaying of fellow inmate Michael Galindo. His first trial ended in a mistrial.

LINCOLN — A retrial for a Tecumseh prison inmate accused of killing a fellow prisoner during a 2017 riot has been delayed and may not be rescheduled for several months.

Eric Ramos, 28, was charged with first-degree murder and use of a deadly weapon in the slaying of Michael Galindo during a riot on March 2, 2017, in which inmates took over a portion of the medium-maximum security prison. Another inmate was also found dead after riot squads retook the affected housing units.

In August, after more than a week of testimony, Ramos’ first trial ended in a mistrial. District Judge Vicky Johnson ruled that a Nebraska State Patrol investigator had violated a court order that banned witnesses called to testify from discussing the case with each other after the trial began.

A second trial had been set to begin Thursday but is on hold after Ramos’ attorneys claimed that a second trial would be a violation of the Constitution’s double jeopardy clause, which bars an accused person from being tried twice for the same offense.

An evidentiary hearing on that motion has not yet been scheduled. Regardless of how the judge ultimately rules, the double jeopardy question is likely to be appealed to a higher court and could take months to resolve.

The Nov. 2 motion filed by Ramos’ attorneys, Jeff Gaertig and Tim Nelsen, maintains that they were provoked or goaded into filing for a mistrial because of the actions of prosecutors.

Sign up for World-Herald news alerts

Be the first to know when news happens. Get the latest breaking headlines sent straight to your inbox.

Sign up for The World-Herald's afternoon updates

* I understand and agree that registration on or use of this site constitutes agreement to its user agreement and privacy policy.

Reporter - Regional/state issues

Paul covers state government and affiliated issues. He specializes in tax and transportation issues, following the governor and the state prison system. Follow him on Twitter @PaulHammelOWH. Phone: 402-473-9584.

Commenting is limited to Omaha World-Herald subscribers. To sign up, click here.

If you're already a subscriber and need to activate your access or log in, click here.

Recommended for you

Load comments

You must be a full digital subscriber to read this article You must be a digital subscriber to view this article.