0177/25•Ramatoulay, Djbril v. State
Gesamter Gesetzestext
Circuit Court for Harford County Case No. C-12-CR-24-000526 UNREPORTED IN THE APPELLATE COURT OF MARYLAND No. 177 September Term, 2025 ______________________________________ DJBRIL RAMATOULAY v. STATE OF MARYLAND ______________________________________ Graeff, Ripken, Eyler, Deborah S. (Senior Judge, Specially Assigned), JJ. ______________________________________ PER CURIAM ______________________________________ Filed: October 14, 2026 *This is a per curiam opinion. Under Rule 1-104, the opinion is not precedent within the rule of stare decisis, nor may it be cited as persuasive authority.
— Unreported Opinion — ______________________________________________________________________________ Convicted by a jury in the Circuit Court for Harford County of second degree murder of Sebashton Nocar, attempted first degree murder of Cameron Waid, and related offenses, Djbril Ramatoulay, appellant, presents for our review a single issue: whether the court erred in denying his motion for judgment of acquittal. For the reasons that follow, we shall affirm the judgments of the circuit court. At trial, the State called Mr. Waid, who testified that on the evening of April 23, 2024, he drove himself, Mr. Nocar, whom Mr. Waid also knew as “Ashton,” Kieran McNeill, and Jacob Brennan-Kazmaier to the parking lot of a Waffle House in Belcamp. While the four men were sitting in Mr. Waid’s truck, a man that Mr. Waid identified at trial as Mr. Ramatoulay approached the truck and spoke with Mr. Waid and Mr. Brennan- Kazmaier. Mr. McNeill subsequently handed to Mr. Ramatoulay “a tiny, clear vial” containing “drugs.” After Mr. Ramatoulay walked into a neighboring McDonald’s, Mr. Waid and his companions “had a discussion about what had just happened, the exchange, and [Mr. McNeill’s] frustration with the situation.” Mr. McNeill “got out of the vehicle” and “approached [Mr. Ramatoulay] out front of the McDonald’s,” where “they exchanged words.” When Mr. McNeill and Mr. Ramatoulay entered the McDonald’s, Mr. Waid, Mr. Nocar, and Mr. Brennan-Kazmaier exited the truck and entered the McDonald’s. Inside the McDonald’s, Mr. Waid, Mr. Nocar, and Mr. Brennan-Kazmaier entered the bathroom, where they and Mr. McNeill “started an altercation” with Mr. Ramatoulay. Mr. Brennan- Kazmaier threw “the first punch and then the rest of [the men] jumped in.” When the four men “finished,” they “ran out of the bathroom.” Mr. Waid, Mr. McNeill, and Mr. Nocar
— Unreported Opinion — ______________________________________________________________________________ 2 entered Mr. Waid’s truck, and Mr. Brennan-Kazmaier “entered another person’s” sedan. The sedan departed, followed by Mr. Waid. “[L]ess than 2 minutes away,” the group met “around . . . the backside of [a] hotel.” Mr. Waid “drove to the opposite side of the hotel” and “parked.” Mr. Waid, Mr. Nocar, and Mr. McNeill exited the truck and “walked up to where [Mr. Brennan-Kazmaier and his driver] parked,” but “they were no longer there.” The men then “received a message from [Mr. Brennan-Kazmaier] telling [them] to come back, so [they] returned to the McDonald’s and parked.” At the McDonald’s, Mr. Waid saw Mr. Ramatoulay “talking through the window to . . . either the driver and [Mr. Brennan-Kazmaier] or one or the other.” After Mr. Ramatoulay “walked . . . back into the McDonald’s,” Mr. Waid and Mr. Nocar “exited [the] vehicle and went . . . into the McDonald’s.” Mr. Waid and Mr. Nocar’s “plan was to go and take [Mr. Ramatoulay’s] bag and . . . watch.” Inside the McDonald’s, Mr. Waid and Mr. Nocar entered the bathroom, where they saw Mr. Ramatoulay holding “a wrap with marijuana.” Mr. Ramatoulay asked: “Are we good?” Mr. Nocar “asked [Mr. Ramatoulay] to hand over his bag.” Mr. Ramatoulay told Mr. Nocar “to hold his . . . blunt, . . . and . . . then asked if [Mr. Waid and Mr. Nocar] would like to see what was in the bag.” After Mr. Ramatoulay “unzipped his bag,” Mr. Nocar “grabbed the bag and there was a brief period of back and forth pulling on the bag . . . until with one hand [he] reached and began to . . . unbutton the clasp of [Mr. Ramatoulay’s] watch.” Mr. Waid then “heard [a] gun go off.” Mr. Waid “opened the door and ran out of the bathroom with” Mr. Nocar, who “was then shot and killed.” Mr. Waid “ran out the McDonald’s,” followed by Mr. Ramatoulay, who “fired . . . two to possibly three more
— Unreported Opinion — ______________________________________________________________________________ 3 shots.” Mr. Waid yelled to Mr. Brennan-Kazmaier and his driver: “He’s got a gun. He shot Ashton. He shot Ashton.” Mr. Waid ran around the Waffle House, and when he did not see Mr. Ramatoulay, Mr. Waid “went back into the McDonald’s,” “asked if [he] could use the phone,” and “started calling [his] mom and . . . dad back and forth.” Mr. Waid later “look[ed] back inside the restaurant portion of the McDonald’s” and “saw [Mr. Nocar] on the floor with a pool of blood around him.” The State also called Chelsea Wilson, who testified that she “worked with” Mr. Ramatoulay and “was his shift manager” at the McDonald’s. At approximately 9:30 p.m. on April 23, 2024, Ms. Wilson was working at the McDonald’s when she saw Mr. Ramatoulay, who “had . . . a bag.” At approximately 10:00 p.m., Ms. Wilson went to the women’s restroom. While Ms. Wilson was in the restroom, she heard what “sounded definitely like a fight” and “a lot of like banging around.” Ms. Wilson asked a “male manager” to check the men’s restroom, but when “he went and checked it, . . . no one was in there.” Later, Ms. Wilson saw Mr. Ramatoulay “outside” and “smoking a cigarette.” Ms. Wilson testified: “He was just like panting and stuff. Like you could tell he was kind of like upset or something, and I just pretty much told him I don’t know what’s going on but just go home.” At approximately 10:30 p.m., Ms. Wilson “heard three gunshots,” and “had everybody go to the back.” Approximately three minutes later, Ms. Wilson “went out to the lobby,” “saw the guy on the floor,” and called 911. The State also produced evidence that Mr. Nocar died of “two gunshot wounds to [his] head.” Following the close of the State’s case, defense counsel stated:
— Unreported Opinion — ______________________________________________________________________________ 4 Your Honor, at this time, the Defense would respectfully make a Motion for Judgment of Acquittal as to each and every count in the indictment. Your Honor, count 1 alleges second-degree murder. Even looking at the evidence in a light that is favorable to the State, Your Honor, the State has not met their burden as far as showing an intent to kill, an intent to commit serious bodily harm, and there were certainly justified or mitigating circumstances. Count 2 is manslaughter. Your Honor, here, the – even looking at the evidence in a light that is favorable to the State, the level of force here was appropriate. The Defendant was not the aggressor in either encounter, per the State’s witnesses, and there’s obviously a subjective fear because of the evidence of feces in that clothing that Mr. [Ramatoulay] was wearing. Your Honor, Count 3 is first-degree assault. The State has not met their burden to show that there was an intent to cause serious physical injury. Jump to Count 5, attempted first-degree murder. There was not a substantial step toward completing this offense. There was no apparent ability to inflict harm. Count 6, attempted second-degree murder, Your Honor, even looking at the evidence in a light most favorable to the State, the State has not met their burden to show there was an intent to kill or do serious bodily harm. And again, as far as first-degree assault, Your Honor, Count 7, the State has not met their burden to show there was an intent to cause serious physical injury. Count 8 and 9, Your Honor, and 10, I would submit, as well as 11. Your Honor, 12, the State has not met their burden to show that the behavior here engaged in was reckless, nor did it cause substantial risk or serious – or a threat of death or serious physical injury, even looking at the evidence in a light most favorable to the State. So Your Honor, I’d ask the Court to grant our motion as to Counts 1, 2, 3, 5, 6 for those specific reasons, and generally, Your Honor, I’d ask the Court to grant our request as to all the charges, incorporating this argument. The court denied the motion. Mr. Ramatoulay contends that because “[i]t is clear from the evidence that [he] acted under the provocation of two successive physical attacks, . . . any rational juror would
— Unreported Opinion — ______________________________________________________________________________ 5 conclude that he did not possess the malice required for second degree murder or attempted first-degree murder,” and hence, the court erred in denying the motion for judgment of acquittal. The State counters that Mr. Ramatoulay’s contention “is not preserved for appellate review,” or alternatively, the court “properly denied” the motion. We disagree with the State as to whether Mr. Ramatoulay’s contention is preserved for our review. It is true that defense counsel, in his argument in support of the motion, did not state with particularity that Mr. Ramatoulay “did not possess the malice required for” the offenses of second degree murder or attempted first degree murder. See Rule 4- 324(a) (“[t]he defendant shall state with particularity all reasons why [a motion for judgment of acquittal] should be granted”). But, defense counsel argued with particularity that the State did not meet its “burden as far as showing an intent to kill [or] commit serious bodily harm.” This argument is the effective equivalent of an argument that Mr. Ramatoulay did not possess the malice required for the specified offenses, and hence, his contention is before us. Nevertheless, we reject the contention. The State produced evidence that Mr. Ramatoulay carried into the McDonald’s a bag containing a gun. After the initial altercation between Mr. Ramatoulay and Mr. Waid and his companions in the men’s restroom of the McDonald’s, Ms. Wilson observed that Mr. Ramatoulay “was kind of . . . upset.” Despite Ms. Wilson’s advice to Mr. Ramatoulay that he “go home,” he stayed at the McDonald’s. When Mr. Waid and Mr. Nocar entered the restroom a second time and encountered Mr. Ramatoulay, he asked Mr. Waid and Mr. Nocar if they “would like to see what was in the bag,” from which the jury could reasonably conclude that Mr. Ramatoulay
— Unreported Opinion — ______________________________________________________________________________ 6 intended to produce the gun. Mr. Ramatoulay fired multiple shots at Mr. Nocar’s head, and we have stated that “directing a deadly weapon at a vital part of the human anatomy can give rise to a permitted inference of an intent to kill[.]” Harvey v. State, 111 Md. App. 401, 413 (1996). Also, when Mr. Waid fled the restroom, Mr. Ramatoulay pursued him and fired multiple additional shots. From this evidence, a rational trier of fact could conclude beyond a reasonable doubt that Mr. Ramatoulay intended to kill or commit serious bodily harm upon Mr. Nocar and Mr. Waid, and hence, the court did not err in denying the motion for judgment of acquittal. JUDGMENTS OF THE CIRCUIT COURT FOR HARFORD COUNTY AFFIRMED. COSTS TO BE PAID BY APPELLANT.
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