A Portsmouth man convicted of killing his 2-year-old son was sentenced to 15 years in prison on Thursday.
Ramonzé Mugynei was found unresponsive in February 2021. His parents, Rocky Ali Mugynei II and Talaysia Shareece Nelson, who were both 18 at the time, were each charged with second-degree murder and felony child abuse.
Judge Joel P. Crowe sentenced Rocky Mugynei to seven years in prison for the voluntary manslaughter charge and eight years for the child abuse charge, shy of the maximum of 10 years for each charge sought by the prosecution. The sentences will be served consecutively.
Deputy Public Defender Ryan Asalone’s argued Mugynei’s sentence should be kept on the lower end of the sentencing guidelines in light of Mugynei’s challenging upbringing, his actions to save his son, and the jury’s determination that he acted without malice.
Asalone also suggested, in light of Mugynei’s statement to police about blaming himself “for not being able to protect him from harm,” that Nelson is responsible for Ramonzé’s death. Nelson’s trial is scheduled for June.
Crowe sided with the prosecution on the sentencing guidelines, saying they don’t account for the degree of “trauma” the child faced over a long period of time.
Senior Assistant Commonwealth’s Attorney Haille Hogfeldt read a letter from Nelson’s mother in which she said she’s had nightmares and dealt with depression since Ramonzé’s life was “taken away by his own father.”
Mugynei and Nelson’s relationship was further complicated after their arrest. While they were out on bond, the pair began seeing each other again — against the conditions of their release — and prosecutors learned last summer they were expecting another child. Nelson’s bond was later revoked. Mugynei’s bond had already been taken away in March for another no contact order violation.
Ramonzé had about 180 bruises and abrasions at the time of his death. Hogfeldt said his cause of death was internal bleeding from blunt force trauma to the stomach, which a witness testified was consistent with the amount of force one would experience in a car crash. The pattern of his other injuries were consistent with intentional harm, not play, according to the witness.
Mugynei told investigators after his arrest that he often “roughhoused” with his son and would discipline him with a belt when he misbehaved or defecated on himself during toilet training. Additionally, Mugynei said the night before Ramonzé died the two were playing football and wrestling, during which he performed an “elbow drop” on him.
Hogfeldt argued Mugynei’s actions demonstrate an ongoing risk to his other children.
“You don’t get one free kid to kill and then get a second chance with the others,” Hogfelt said.
Speaking to the court, Mugynei expressed regret for what happened but maintained it was a “misunderstanding.” He asked for mercy and to be given a second chance so he could spend time with his other children.
“I apologize for this whole situation,” he said softly. “Not a day goes by that I don’t think about my son.”
After Crowe’s ruling, tears streamed down the face of Vanessa Bailey, Mugynei’s adopted mother. Bailey spoke at length during the hearing about Mugynei’s childhood, which was filled with turmoil.
Bailey, 64, said he was born addicted to heroin due to his biological mother’s drug use while pregnant. She had custody of him from the time he was two weeks old to nine years old, when Mugynei’s father won sole custody.
His father struggled with alcohol abuse and was verbally and physically abusive to Mugynei, often employing harsh corporal punishment, according to Bailey. This prompted her to regain custody when he was 15. While Mugynei was in his father’s custody, Bailey said she saw his behavior go “downhill.”
Mugynei was 16 when Ramonzé was born and wasn’t ready to be a parent because he didn’t have any parental role models, Bailey said. Asalone described Bailey as the one positive influence in Mugynei’s life, but she’s just a “rock in the way of a tsunami of negative situations.”
In response to the defense’s questioning, Bailey said roughhousing was common during his upbringing as well, with his mom often “throwing him around,” but Mugynei seemed to enjoy it.
When Mugynei and Nelson found Ramonzé unresponsive, Mugynei called her panicking and screaming. He began attempting CPR, according to Bailey, and was yelling “Wake up! Wake up! Wake up!”
Bailey maintained that Mugynei loved his son. When asked what she wanted to see happen to Mugynei, Bailey said, “He has been punished enough.”