EVERETT — A Snohomish County Superior Court judge is expected to decide whether an Everett man is responsible for his infant son’s death.
In a rare move, Brian Perez Reyes agreed to skip a jury trial. Instead, Superior Court Judge Michael Downes is expected to review the discovery and hand down a verdict next month.
The judge on Monday was provided a copy of the lengthy police investigation, including medical reports and the transcripts from defense interviews with the medical examiner and a doctor at Seattle Children’s Hospital. The experts concluded that 2-month-old Daniel Levi Perez Reyes suffered a devastating brain injury likely caused by violent shaking.
The boy was left with his father on June 27, 2013, while his mother started her first day of work. Perez Reyes brought the boy to the hospital the following day, saying his son was having trouble breathing. Daniel was unresponsive and later moved to Seattle Children’s Hospital. Doctors there determined there was no brain activity. The boy died the next day.
Perez Reyes first told police that he tripped and dropped the baby. He later admitted to “moving (Daniel) back and forth two to three times,” court papers said.
Downes on Monday questioned Perez Reyes, 24, at length about the rights he was giving up by choosing a bench trial.
“Virtually everyone gets convicted when they proceed in this fashion. Are you aware of this?” Downes asked the defendant.
“Yes,” Perez Reyes said.
The judge also questioned why the defendant didn’t enter a guilty plea if he expects to be convicted.
It is important to his client that a judge decide the verdict, public defender Paul Thompson said.
As part of the agreement, Perez Reyes can appeal a conviction.
Initially prosecutors charged the Perez Reyes with second-degree murder, alleging that the defendant’s assault of the child caused his death. On Monday, Snohomish County deputy prosecutor Jarett Goodkin reduced the charge to first-degree manslaughter. He asked the judge to find that the victim was particularly vulnerable. That opens the door to a much lengthier prison sentence if Perez Reyes is convicted.
Goodkin told the judge that the case against Perez Reyes is strong; however, there is always a risk and expense associated with going to trial.
“Given the circumstances I think it’s advantageous to proceed this way,” Goodkin said.
The deputy prosecutor told the judge he will ask that the defendant be sentenced to 14 years in prison. The defense is expected to ask for less time.
Diana Hefley: 425-339-3463, hefley@heraldnet.com. Twitter: @dianahefley
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