Tuolumne County Superior Court Judge Kevin M. Seibert sentenced a Sonora woman convicted on multiple counts of sexual intercourse with a minor to six years and 180 days in prison Wednesday afternoon following the completion of a diagnostic and psychological evaluation conducted by the California Department of Corrections and Rehabilitation.

Kimberly Ramirez, 39, bound at the wrists and ankles, her hair tied into a bun, glasses over her eyes, and dressed in a Tuolumne County Jail black and white striped jumpsuit, kept her head bowed for the duration of the hearing and offered no comment on the sentencing beyond a sullen expression.
When reading from the diagnostic report, Seibert identified an aspect of the psychologist’s conclusion as “particularly troubling” — Ramirez’s inconsistent statements on her relationship to the teenage victim and what they revealed about her lack of remorse.

“She obviously knew the consequences that awaited her if she committed these crimes,” Seibert said.

Ramirez was convicted on three counts of unlawful sexual intercourse with a minor, oral copulation with a minor, communicating with a minor for lewd purposes and meeting a minor for lewd acts, all felonies, and arranging a meeting with a minor for lewd purposes, a misdemeanor.

Seibert said that the state prison diagnostic evaluation had been comprised of an interview with a correctional counselor and two interviews with a psychologist. The sentencing was originally set for 90 days after the order, in January, but the new date had been pushed for earlier following the completion of the report.

Both of the prison employees had determined that Ramirez was “unsuitable for probation” and requested the standard sentence for her crimes due to the “long-term detrimental effect on the victim” and for using her power as a former correctional officer at the Jamestown state prison Sierra Conservation Center to put her “own emotional needs above the welfare of a child.”

The psychologist’s report also suggested that Ramirez enroll in a substance abuse program as a condition of parole.

Assistant District Attorney Eric Hovatter described Ramirez’s actions as “offensive,” and said her crimes were made even “more egregious” by the fact she perjured herself, denying she knew the victim at all, during the trial.

Seibert interrupted Hovatter’s statement and further corroborated the claim to perjury, making reference to the two psychological interviews where Ramirez both “admitted that her actions were immoral” and then later claimed she had never committed the crime and had been “targeted” for refusing the advances of the underage victim.

“Rejecting his advances” was not the same thing as not knowing him at all, Seibert said, while Ramirez shook her head and looked over her right shoulder at her defense attorney, David Beyersdorf.

At the start of the hearing Ramirez had stared into the diagnostic report documents with her lawyer, keeping her gaze on the pages while Beyersdorf spoke and pointed at passages.

Seibert noted that the sentencing date of Oct. 4 had originally been postponed due to the court’s dissatisfaction with the original probation report, and the diagnostic evaluation had been ordered to offer “input from a different source as well before we made a decision as it regards to sentencing.”

The original probation report had suggested one year in county jail with 5 years probation. Following the diagnostic evaluation, a supplemental probation report also confirmed that Ramirez receive the “standard prison sentence.”

At the first sentencing hearing, both the victim and his mother read prepared statements that expressed pain and indignation toward Ramirez’s sexual manipulation of the victim over social media and in person from August 2016 until Oct. 31, 2016, when Ramirez was arrested.

“I am the victim of sexual assault. The impact that this has had on my life is more than I’ve ever envisioned,” the victim said.

Beyersdorf sought to uphold the original probation report recommendation, and classified the diagnostic report as “not new information, it’s new opinions.”

After reading out Ramirez’s sentence, Seibert also noted that Ramirez would receive 173 days of incarceration credits for time served.

Ramirez filed out of the courtroom with two Tuolumne County Sheriff’s Office deputy escorts and was led into a waiting van on South Washington Street.

Seibert confirmed that Ramirez would be remanded to the California Department of Corrections and Rehabilitation and that she must register as a sex offender following her release from prison.

Contact Giuseppe Ricapito at (209) 588-4526 or gricapito@uniondemocrat.com . Follow him on Twitter @gsepinsonora.

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