Perez
Some details of a proposed plea bargain for a Rush County man accused of shooting and wounding his brother and nephew in Hope were made public in court Thursday.
Investigators say that on June 1, 2023, Robbie Perez stood on the porch of a Hope residence occupied by the family of his older brother, George Perez Jr. The 36-year-old defendant fired shots into the residence, wounding both his older brother and his 3-year-old nephew, Kingston, according to a probable cause affidavit.
Apprehended in Franklin the next day after the shootings, Robbie Perez was charged with attempted murder as a Level 1 felony, aggravated battery when the assault poses a substantial risk of death as a Level 3 felony, and aggravated battery when the assault poses a substantial risk of death as a Level 3 felony.
As read Thursday by Bartholomew Circuit Judge Kelly Benjamin, the plea agreement calls for Perez to plead guilty to the two charges of aggravated battery. In exchange, the prosecution agrees to drop the more serious charge of attempted murder.
If the judge accepts that arrangement, it will lower the maximum sentence Perez could receive from 62 years in prison to 32 years.
But the change of plea hearing was cut short Thursday after the judge asked Perez whether he was satisfied with the way public defender Joseph Villanueva had represented him.
After replying he was not satisfied, Perez told Benjamin he has asked his court-appointed attorney to do things that were never done. That prompted a brief, but private conference between the defendant and his court-appointed attorney.
Once back on record, Villanueva reminded his client he had earlier provided multiple reasons why he couldn’t carry out everything Perez wanted him to do. When asked by his public defender if he was satisfied in light of those reasons, Perez said yes.
But that exchange seemed to prompt the judge to move with caution. Benjamin repeatedly ask Perez if there were issues or matters he wanted to discuss privately with Villanueva prior to the court’s acceptance of the plea agreement. After the defendant replied he wanted the private discussion, the judge said the change of plea hearing would resume at 10:15 a.m. on Jan. 9.
Since the hearing was postponed, it’s not known whether the plea agreement contains any special conditions or limitations. That will likely be revealed when and if the court accepts the agreement next month.
Although a defendant who accepts a plea bargain cannot appeal the conviction, he or she can appeal the sentence, Benjamin said during Thursday’s hearing.
Under Indiana law, if a defendant believes their attorney’s performance was inadequate, that person may be eligible for post-conviction relief from an appeals court if the attorney fails to investigate important evidence.
Both of the shooting victims have either recovered or are still recovering from their wounds. Investigators said there was a long-running feud between the brothers that led to the shootings.
When Robbie Perez was apprehended, the defendant was found to be suffering from a self-inflicted gunshot wound to his chin.
