Couple Carjacked Says Police Improperly Handled Situation; Considering Lawsuit

By Adrianna Iwasinski, NEWS 9

MOORE, Oklahoma -- A Moore family said they want big changes made at the city's police department after they said the department kept a surveillance tape from them for five years.

Police said they couldn't release that video because it was part of their investigation and a long drawn out court case, but Nicole and Jonathan Gaither said they think police kept it under wraps because it shows their officers' poor handling of the situation.

The video showed a snapshot of how Moore officers responded to a gun wielding suspect at the start of his crime spree. The incident took place at a 7-Eleven in Moore in September 2005.

It's a moment in time Nicole and Jonathan Gaither said they wish had never happened. They were carjacked during that crime spree.

"Within seconds somebody grabbed me from behind me and put me in a choke hold and stuck a gun to my head," Nicole Gaither said. "I don't think they were properly trained for the situation they were in."

Nicole's husband said he was forced to watch from inside after officers told him to stay back.

"And not know what's about to happen was the most terrifying thing I've ever had to go through," Jonathan Gaither said.

But it's how officers handled the situation that has them even more alarmed. Video surveillance footage from the incident showed the suspect, Roger Eugene Ramirez, arguing with the clerk and pacing the store.

Fast forward a little and the video showed Jonathan Gaither walk in. Seconds later, Moore police officer John Oliver approached Ramirez. Fast forward again and a second officer, Jermey Ballard, walked towards the back of the store. The video then showed the suspect hopping on the counter and trying to get away, but the officers caught him.

"As soon as they did that the suspect yelled out, 'I have a gun, I have a gun,' and as soon as that happened one of the police officers ducked and ran to the back of the store," Jonathan Gaither said.

The Gaithers said they want police to investigate their policies on how they train their officers.

"It's easy to stand back and say what they should have done, but it was done the way it was and luckily no one was hurt," said Moore Police Sgt. Jeremy Lewis.

Attorney Irven Box represents the family and is also a former police officer.

"I don't see any explanation other than they didn't know what to do," Box said. "I find it shocking, and they can give explanations. I don't think there's an explanation other than they didn't do what they were supposed to do."

Nicole said she's not only disappointed with how police handled the incident, but how they handled everything after the fact.

"We were fortunate none of us died in it, but they didn't, as far as talking with us or dealing with us, it was very unprofessional," Nicole Gaither said.

Moore police said they are wanting to speak with the Gaithers about the incident.

The department is now using the video as a way to train officers on how a situation can escalate quickly.

Both officers involved in the situation had been on the force for less than a year and were not reprimanded for their handling of the incident. Both are still on the force and in good standing.

Ramirez recently pleaded guilty to charges relating to the crime spree and was sentenced to life in prison.

The Gaither's have not filed a lawsuit yet but said they are considering it if the statute of limitations has not run out.

They said the situation not only left them traumatized but bankrupt. They said they've spent more than $70,000 on medical bills.

The Gaither's said the Cleveland County District Attorney's Office were the ones who turned the surveillance video over to them.