OAKLAND – Javier Antonio Ramirez made his initial appearance today on a federal complaint charging him with receipt of child pornography, announced United States Attorney Stephanie M. Hinds and Homeland Security Investigations (“HSI”) Special Agent in Charge Tatum King.
According to the affidavit supporting the complaint, in January 2023, a student, identified in the complaint as “Minor Victim 1,” suffered from a suspected fentanyl overdose at a school in Contra Costa County. A school nurse administered multiple doses of Narcan to the minor victim in an attempt to save her life. When law enforcement officers arrived, the minor victim was conscious and was subsequently transported to a local hospital for treatment.
The complaint describes the investigation leading law enforcement officers to conclude Ramirez, a 28-year-old Concord, California resident, provided the fentanyl to the minor victim, including taking her to San Francisco to obtain fentanyl. Further, the complaint affidavit alleges that law enforcement reviewed Ramirez’s cell phone and that this search revealed multiple videos and images taken of him having sexual intercourse or engaging in sexually explicit conduct with a minor. As alleged in the complaint affidavit, on Ramirez’s cell phone, law enforcement also found other files containing child pornography, including a file Ramirez received on January 3, 2023, with an approximately nine-minute video depicting a child, approximately 6- to 8-years-old, being sexually exploited by an unidentified male.
Ramirez is charged with receipt of child pornography, in violation of 18 U.S.C. § 2252(a)(2). Ramirez remains in federal custody pending a detention hearing set for February 16, 2023, at 10:30 a.m. before, U.S. Magistrate Judge Donna M. Ryu.
A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a statutory minimum of 5 years’ and a maximum sentence of 20 years’ imprisonment. Ramirez also faces an additional term of supervised release, restitution, and additional financial assessments; however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Kelly Volkar of the Oakland Branch of the United States Attorney’s Office is prosecuting the case, with the assistance of Leeya Kekona. The prosecution is the result of an investigation by Homeland Security Investigations and the Contra Costa Sherriff’s Office.
