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Crash victim at center of care fight regains consciousness

Gary Grado, Tribune

June 26, 2007 - 11:31AM

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Attorney Byron Babione, left, quietly talks to Marlene Ramirez-Oliva in Maricopa County Superior Court Tuesday.

Attorney Byron Babione, left, quietly talks to Marlene Ramirez-Oliva in Maricopa County Superior Court Tuesday.

The Associated Press

An incapacitated Chandler man left by his wife to starve at an East Valley hospice has regained consciousness and will be moved to a rehabilitation facility.

Family members of Jesse Ramirez cried and hugged each other Tuesday in Maricopa County Superior Court after it was announced he would have a permanent legal guardian.

His temporary court-appointed guardian Judith Morse said the families put aside their differences and fought for the best interests of Ramirez, who was injured May 30 in a rollover crash in which he and his wife, Rebecca, were ejected from their vehicle.

The couple had a history of marital discord and were fighting when their SUV went out of control at Cooper Road and Via De Palmas in southeast Chandler. In the days after the crash, Rebecca Ramirez instructed doctors to take her husband off life support and move him to a hospice in Mesa.

But the circumstances of the crash led some of Ramirez’s relatives to question the motives of the wife, who stood to benefit financially from her husband’s death.

“The relationship wasn’t very good ...” said Betty Valenzuela, a maternal aunt of Jesse Ramirez.

Rebecca Ramirez did not attend the proceeding Tuesday in Maricopa County Superior Court in which Judge Paul Katz formalized an agreement between her and her in-laws.

Her attorney left the hearing without commenting.

According to court documents, Rebecca Ramirez moved her husband to Hospice of the Valley in Mesa on June 8 and ordered his feeding stopped after doctors at Scottsdale Healthcare Osborn hospital expressed uncertainty about his prognosis.

Jesse Ramirez’s sister, Marlene Ramirez Oliva, and their parents filed suit to restore the feeding, alleging that Rebecca Ramirez wasn’t serving his best interests and had exceeded her legal authority as his guardian. They also argued he was responsive and getting better.

Katz ordered the feeding reinstated at a June 14 hearing. He also admonished the families to get along for Jesse Ramirez’s sake and questioned aloud whether any of them had his best interests at heart.

He also ordered Morse to serve as a guardian and make recommendations on Jesse Ramirez’s behalf after reviewing records, interviewing family, doctors and others involved in the care.

Morse announced in court Tuesday that an agreement had been reached in which Jesse Ramirez will have an independent, neutral guardian to make his medical decisions.

“He became conscious on Sunday,” Morse said.

She said he is awake and able to respond to verbal instructions and knows who he and his family are.

“All of the family members are absolutely thrilled he has become conscious,” Morse said.

Valenzuela said his family is still at odds with Rebecca Ramirez and the hospice over visiting hours. She said she hadn’t been allowed to see him since a week ago, and when she did, he puckered his lips when she kissed him. Co-worker Melissa Garcia said she visited him Monday, and he gave her a thumbs-up sign.

“I’m elated that Jesse’s going to get the help he needs,” Garcia said. “We believed all along he needed this.” She and former co-worker Stephanie Simpson and Jesse Ramirez’s mother, Theresa Ramirez, wore T-shirts that read: “Faith makes all things possible. We have faith. Jesse, we got your back.”

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