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Court nixes Cisneros appeal
Tuesday, 01 September 2009

 Murder sentence affirmed

By THOMAS JENKINS     
Staff Writer
A Big Spring man convicted of murder in November 1998 had his 17-½ year sentence affirmed by the 11th District Court of Appeals last week.

Ramon Cisneros was convicted of the June 22, 1998, murder of James Milton Neely, 51, a local Vietnam veteran. According to testimony during the 1998 trial, Cisneros — along with his lifelong friend, Dennis Boswell — threw Neely from the U.S. Highway 87 overpass into the eastbound lane of Interstate Highway 20, killing him.

Cisneros testified his girlfriend at the time — Jennifer Callaway of Big Spring, who later married the defendant prior to the trial — had pointed Neely out to the pair at the truck stop located at the intersection of the two major highways, saying he had “hurt her” some two years earlier while she was working at a Gregg Street business.

Witnesses testified both Cisneros and Boswell left the truck stop — a Rip Griffins truck center at that time — in pursuit of Neely, who was walking south on Highway 87.

“I made Dennis let me out (of the vehicle),” Cisneros testified. “I chased after him.”

According to witnesses, Boswell repeatedly attempted to stop Cisneros, asking him several times, “Do you want to go back,” referring to the fact Cisneros had been to prison in the past and could be sent back if he harmed Neely.

Cisneros testified he caught up to Neely, throwing his hands up in the air, a gesture he said Neely returned. “I threw my hands up and yelled,” he told the jury. “He (Neely) threw his hands up and yelled, too. I took that as competition and chased him.”

According to law enforcement officials, Neely was known for erratic behavior, possibly due to mental illness. It was unclear at the time of his death if Neely was homeless.

With the Army veteran mimicking his actions, Cisneros said the two squared off on the bridge.

“I had already made a butt of myself, going out there on the bridge. I wasn't going to back down after I had already called him out,” Cisneros told the jury. “The third time (we squared off) I just said, 'What the hell.'”

Cisneros claimed he never saw how Neely was thrown from the bridge, testifying only that Boswell had freed him from the war veteran's grasp, leaving him gasping on the ground. However, according to a letter introduced into evidence, Cisneros had told his wife his friend had “clothes lined” Neely, sending him plummeting to his death.

Boswell, who pleaded guilty prior to the jury's decision — part of a plea bargain with the District Attorney's Office that netted the local man a lesser charge of manslaughter and a sentence of 10 years in prison — has since been paroled, according to local law enforcement officials.

Cisneros, who had already twice violated his parole and was on parole at the time of Neely's murder, had his charges enhanced during the trial, turning a would-be minimum sentence of 5 years in prison to 15 years. According to police records, he had been convicted in the past of burglary and forgery, and was on parole for both charges at the time of Neely's murder.

 According to members of the jury, the enhanced sentence caused at least one member of the jury to hold out, forcing the court to wait several hours for a decision.

According to court officials at the time of Cisnero's conviction, the Big Spring man would have to serve at least half of his sentence — approximately 8 years and nine months — before being eligible for parole, which would have been the end of 2006.

Court officials, including those with the Court of Appeals, declined to comment on why Cisneros is still in prison, saying only the Big Spring man's fate is currently up to the prison's parole board.


Contact Staff Writer Thomas Jenkins at 263-7331 ext. 232 or by e-mail at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Last Updated ( Wednesday, 02 September 2009 )
 
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