Giovanni Ramirez, the reputed gang member wrongly fingered in the open-day beating of San Francisco Giants' fan Bryan Stow at Dodgers opening day, released a statement from behind bars this week in which he says the ordeal has him “upset,” mainly because it affected his family.

His attorney, Anthony Brooklier, told the Weekly Ramirez's legal team filed an “emergency writ” in L.A. Superior Court this week challenging his imprisonment based on a parole check that turned up a gun in a residence where he stayed sometimes.

That might be a long shot because …

… the burden of proof to send parolees back to prison is super low. So low, in fact, that if your agents finds a gun in a house you hang out in once in a while you're f—–.

Still, in Ramirez's case, it was clear to the world that parole officials paid him a visit because the LAPD implicated him in the beating that put Stow, a 42-year-old Santa Cruz Paramedic, in a coma.

Turns out he didn't do it, and police arrested three suspects last week.

“They should let this kid go,” Brooklier told us. “He stayed there once a twice a week. It was a house a lot of people had access to. There was nothing to link him to the gun. No prints, no DNA. There was an absence of evidence.”

We'll see how that goes. If the “violation” stands, he's spending 10 months behind bars.

Meanwhile this is part of what 31-year-old Ramirez had to say through another one of his attorneys, Jose Romero, today:

More than anything I'm upset. Not for myself but for the grief and embarrassment that my friends, family and loved ones have been put through.

Everyone is asking what am I going to do next. My only focus and attention is with the writ that has been filed this week. I know the judge in Superior Court will do the right thing.

-With reporting from City News Service. Got news? Email us. Follow us on Twitter, too: @dennisjromero.

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