| Ex-MTSU student gets 45-days in parking lot fight |
|
By: Lisa Marchesoni
|
Posted: Friday, September 4, 2009 3:28 pm
|
Email Print
|
A former MTSU student convicted of slashing another student during a fight over a parking space was sentenced Friday to 45 days in jail.
Starlett Custer, 20, of Brook Court in Smyrna was convicted in July of one count of misdemeanor reckless endangerment without the use of a weapon and one count of felony reckless aggravated assault.
Custer cut victim Ashley Ramsay during a fight Aug. 27, 2008 at MTSU’s Bell Street parking lot. Ramsay suffered a cut on her face requiring 50 stitches, a cut eyebrow that may need more surgery and three cuts to her hands. Custer denied using a weapon.
Circuit Court Judge David M. Bragg ordered Custer to serve a 45-day sentence on weekends if approved by the sheriff. He placed her on state probation four years. She must pay $3,200 in Ramsay’s medical bills not covered by insurance.
“This is a horrible thing that happened,” Bragg said.
During the sentencing hearing, Ramsay didn’t testify but Bragg considered her written victim impact statement.
Ramsay wrote she was physically, mentally and emotionally scared. She suffered nightmares and nervous breakdowns.
She suffered two cuts to her face, one from the middle of her nose to the edge of her chin requiring 50 stitches. The second cut was from the hairline, across the temple and almost to her cheek, slicing a nerve and causing her eyebrow to not function properly. She suffered three cuts to her hand, including a cut tendon.
“I believe she should go to jail for at the very least three to four years,” Ramsay wrote. “One, because she needs to learn from her actions. And even though I don’t know what kind of person she is, I don’t believe provocation does any good to anyone.
“The second reason is because I’m afraid if she doesn’t, she will come after me,” Ramsay wrote. “I’m already always looking over my shoulder all the time. I feel I won’t be ever able to sleep or feel comfortable ’til I know that she is somewhere she can’t hurt me or anyone else.”
Ramsay’s father, Harold, testified the medical bills exceeded $3,200 in out-of-pocket expenses.
“In the future, Ashley may need more surgery on her eyebrow if it begins to droop,” Harold Ramsay said, adding she may also need plastic surgery.
Since the fight, both he and Ashley were afraid to become close to people. She was afraid to drive her car. She lost two semesters at MTSU.
Defense attorney Joe Brandon Jr. asked Custer about her punishment.
Custer asked for a suspended sentence.
“I don’t want to go to jail,” Custer said as she cried.
She believes she is the only one penalized in the two-person fight.
District Attorney William Whitesell asked if she was the only one who suffered.
“I do recognize Ms. Ramsay has also suffered,” Custer said.
She denied using a weapon to cut Ramsay.
Her family, pastor’s wife and a Hospice volunteer coordinator testified in Custer’s behalf.
Custer’s mother, Delores, said her daughter is being held responsible for the fight.
“If the Ramsays want my cloak, you can have my cloak,” the mother said. “You can have my money.”
Her father, Alan Custer, said witnesses testified his daughter didn’t have a weapon.
“She did not cut the young lady and there was no weapon,” Alan Custer said in asking for a suspended sentence. “I just think my daughter deserves a break.”
In closing arguments, Assistant District Attorney Paul Newman said Custer should be jailed to let other students know they will be punished for their actions and as a deterrence.
Brandon said the jury dropped the original charge of aggravated assault.
He asked Bragg to place his client on a suspended sentence, allow her to pay restitution and do community service work.
“Confinement is not necessary in this case” as a deterrent, Brandon said.
Whitesell said the jury believed Custer didn’t have a weapon and gave her a break by lowering the conviction.
“The one thing that just won’t go away in this case is that the injury was caused by a sharp instrument,” Whitesell said, later adding, “Your honor, she knows whether she had a weapon or not.”
Whitesell asked Bragg to consider a jail sentence for Custer.
“Both of these young ladies will have scars from that day,” Whitesell said.
|
|
|
|
|
|
Member Opinions:
By:
Farmall on 9/4/09
Thats it! You gotta be kidding me, so your saying she wasn't cut, her skin just breaks open easy. What a farce, restitution ought to be 10 times that, this girl is going to have to have more work done later.
Shame on you: David M. Bragg
By:
lightchick on 9/4/09
45 days served on weekends? She at least get a day for every stitch her victim had to have.
By:
HuskyLover on 9/4/09
Outrageous. This thug and idiots just like her just learned that one can get away with attempted murder in Rutherford County with just a slap on the wrist.
By:
kyndwurd on 9/4/09
Leave it to the computer to select "MTSU returns with 'cutting edge' coursework" as a related article!!!
By:
abide on 9/4/09
I dont understand. Ramsay's face and hand was cut and Custer didn't have a weapon. Bologna! Custer must have used her fingernails to cut Ramsay. Our judicial system is a joke. Ramsay is scared for life and more surgery later. People spend for time in jail for DUI's that what custer has got. what a Joke!!!!!! By the way, fingernails dont do the damage that she done.
By:
Geana on 9/4/09
Custer probably won't serve weekends in jail. While it's an option, lots of jails do no accommodate the weekenders. They definitely need a special program, space, and correctional officers for it.
I'm lost like the rest of you, how does a person get cuts like this minus a weapon? Was Custer wearing sharp rings?
By:
attagirl on 9/4/09
The weapon was never found. One theory is that it was actually the "victim" who was the aggressor and had the razor blade.
The state couldn't carry the burden of proof that Custer was the one with the weapon. Remember, the burden is "beyond a reasonable doubt."
By:
kjhoop on 9/4/09
I just hope that if I ever decide to go cut someone up I get the same judge. This is absolutely ridiculous. No wonder people keep committing crimes if they are only going to get a pat on the hand.
By:
attagirl on 9/4/09
Farmall, Judge Bragg could only order a judgment for money actually out-of-pocket for restitution. Any other damages will be awarded by a jury in a civil suit, not by the criminal court judge.
By:
canalou on 9/4/09
Guns would have enhanced the crime if both had them...don't you think...
By:
MissSthrnBell on 9/4/09
What a huge joke!!!! So Judge Bragg is pretty much saying, "umm, let me smack your hand and now you be a good girl ok??" What is the hell has happened to our JUSTICE system? This isn't justice! This is them sitting there laughing at Ramsey! SHE DID NOT CUT HERSELF PEOPLE!!!!! This was done to her! Did you hear the testimony of the MTSU cop tell them Custer kept walking away? She even went over in the grassy area and he had to keep calling her back. She was hiding the dam thing! DUHHHHHHHHHHH!!!!!
By:
Dave42 on 9/4/09
It may still be out there stuck down in the dirt. Someone should go out there with a metal detector or something.
By:
sbobo on 9/4/09
What a joke! Custer's lawyer and whole family is a joke. Does her father really believe she didn't have weapon? I've heard of protecting your own but that is a bit much. "I don't know how she got cut because I didn't have a weapon..." Ha Ha Ha. This is whats wrong with our country is crap like this happening and then the people responsible getting off with a slap on the hand and the expectation that they'll behave in the future. If they were going to behave why didn't they in the first place?
By:
kindone on 9/5/09
The fact that Custer and her family wants to shift some of the blame on to the victim shows there is no remorse. It also shows that they don’t understand the crime. Had it only been a fight, there would not have even been any charges filed. When Custer brought out the knife and cut this girl across the face, that’s when the crime was committed. Ramsay did not cut herself, nor did she deserve to be cut across the face over a parking spot.
Custer said that "she didn’t have a weapon." That’s a lie; plain and simple. And she never apologized ether. She has no remorse. For Custer, this is all about her (Custer). “Will she have to go to jail”, “Will she have to pay restitution”, “Can she just do a little community service work?” (that would be great “because she is already doing that! *big smile*), Even her mother took the opinion that the Ramsays wanted something more from them by asking, “What do you want, the shirt off of my back?”. “If it’s money you want, we’ll give you moneeeeeeey.”
I would have loved to see Starlet say, “Ashley, I am so sorry, I was wrong, I made a terrible mistake and I can’t believe how badly I have hurt you. Can I please be your friend and try to make it up to you some how. This has haunted me too. I am so sorry I really don’t know how I can live with myself without your forgiveness”. That would have had to have come from her heart but it wasn’t in her heart and that is why we didn’t see it
By:
attagirl on 9/5/09
How bout if Ashley said to Starlet, "Starlet, I'm so sorry I fought with you over a parking space and that I hit your car with mine. I overreacted. I shouldn't have baited you into a fight."
We can assume all day long that she had a weapon, but the burden is on the state to PROVE BEYOND A REASONABLE DOUBT that she had a weapon, and it couldn't do that.
By:
kindone on 9/5/09
And the Dad! He is still in denial! And I understand that he wants to protect his daughter; that’s natural. But, ether he really doesn’t believe Starlett did this or he is trying to support the lie! Or maybe he just doesn’t understand. He wanted the court to believe that Starlett didn’t cut Ashley because he said, “she had Ashley by the hair with her right hand and her left hand raised in the air.” Come on Allen, that was happening as Ashley was already bleeding from the artery Starlet cut with the first blow! And to say it was a fight because Ashley was able to get a couple of blows in is crazy. What would you do if someone was cutting you, hold your hands behind you back and wait for the coroner?!
Allen, it’s like this; Starlet may have been raised in a loving and supportive family environment, but she has also been influence by the thug or gangster mindset. You don’t have to believe that but it doesn’t change the fact that it’s true. She mentally and emotionally carried around the justification to act this out long before it happened. She had been bullying her way in to parking spots long before this altercation with Ashley. The reason this finally came to a head is because Star finally met her match. “Ashley don’t start no sh!t but she don’t take no none neither.” And good for her. At east now Starlett has a record and she can no longer play the victim card.
About the bullying tactics; Ashley was in the parking lot for 45 minutes and finally waited in the last row for 10 minutes before the spot became available. That’s because she was using common courtesy and was learning the strategies. Star on the other hand never even circled the parking lot at all. She had just entered and she was going to get her spot right away. “To h*ll with all the people who want to wait and use common courtesy.” “And if anyone tries to stop me, it’ll be the last thing they ever try”. And for Ashley, it almost was.
Ashley is a hero because she stood her ground. She has made this a safer world for all of us. Star may still have a chance but it will have to start within. It can happen and it can start with some compassion for Ashley. If she stays focused on herself, then you can hang it up.
By:
MissSthrnBell on 9/5/09
attagirl ......Why in the hell should Ashley apologize? Experts testified that this was a knife type weapon that was used on her face and that the cuts were NOT self-inflicted! Maybe everyone SHOULD go search the parking lot grassy area where this happened. Tree's and all to find what she used to cut Ramsey with. This is a travesty of justice for everyone! What a big joke this has all turned out to be. I honestly believe the reason Bragg didn't give her (Custer) more time was because they wanted to play the race card (once again). It gets old PEOPLE!!!!
By:
MissSthrnBell on 9/5/09
BTW attagirl ....Custer hit Ramsey's car. Look at the photo's and review the testimony. Ramsey's car was in the space, not Custer's. Ramsey was closer to the space and Custer raced her for it. Ramsey pulled in and Custer hit her car.
By:
kindone on 9/5/09
(Attn: Attagirl)
>>>
Starlett cut Ashley’s face over a parking spot. Are you trying to justify that? If you can justify that, then I think we all need to be issued a knife when we receive our parking permits.
Honey, we don't do that around here.
By:
Geana on 9/5/09
Everyone wants to be the judge or the jury. I get what attagirl's saying. It doesn't matter what we personally feel we would do, what matters is without the weapon, they couldn't charge her with using one.
I don't know if MTSU dismissed Custer as a student, though she should be. They also own the parking lot.
By:
titansone on 9/6/09
I'm for raising taxes... to build bigger jails. Then, we need to elect people who pass laws requiring MANDATORY jail sentences for these cruel, violent acts.
By:
attagirl on 9/6/09
Thank you, Geana, that was exactly my point. It doesn't matter what we think happened. What matter is what the state could prove beyond a reasonable doubt.
By:
enoughisenough on 9/6/09
It is refreshing to see that she is an "ex" MTSU student. This POS should have been remanded to the TDOC for several years.
By:
whizkid on 9/7/09
45 days in jail is ridiculous! She could have been charged with murder if the victim had died. Over what, a parking space???
There may not have been a weapon found but common sense indicates one was used.
This senseless violence has to stop. Come on Judge Bragg!
By:
TJAMES on 9/14/09
thats complete b.s. i got 4 months for kicking a door and a year probation which took me 3 years to get off....a door.not even touching anyone.her parents must of had money and the police department in his pocket.one reason i am glad i am out of tennessee.
Login and voice your opinion!