From today's decision by Judge Roy Dalton (M.D. Fla.) in U.S. v. Ramirez Reyes:
In this arson case brought under 18 U.S.C. § 844(i), Ramirez was charged with maliciously damaging Inter&Co Stadium by throwing two flares during an Orlando City soccer match. The flares landed in the "Supporters Terrace" section of the stadium, where they burned for sixty seconds before going out. The flares caused discoloration of the aluminum bleachers and minor deterioration of the concrete floor. A four-year-old girl, E.Z., also sustained a superficial burn when one of the flares burned a hole in her jacket; medics at the stadium gave her an ice pack, and she recovered after applying burn gel at home for a few days.
No emergency response was requested, the match was not paused, and no one evacuated the stadium. After throwing the flares, Ramirez removed his hat and jacket, went back to his seat, and put the hat and jacket back on before exiting the stadium.
At trial, Ramirez moved for a judgment of acquittal ("JOA"), which the Court denied, and the jury then found Ramirez guilty of damaging the stadium and injuring E.Z. Ramirez now renews his JOA motion, seeks a new trial, and objects to the mandatory minimum sentence—seven years—as cruel and unusual under the Eighth Amendment. The Government opposes. The Court concludes that the Government's evidence was insufficient to prove that Ramirez had the requisite malicious intent….
