Judge, not jury, to decide whether father killed infant

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

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

A firefighter stands in silence before a panel bearing the names of L. John Regelbrugge and Kris Regelbrugge during the ten-year remembrance of the Oso landslide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
‘Flood of emotions’ as Oso Landslide Memorial opens on 10th anniversary

Friends, family and first responders held a moment of silence at 10:37 a.m. at the new 2-acre memorial off Highway 530.

Julie Petersen poses for a photo with images of her sister Christina Jefferds and Jefferds’ grand daughter Sanoah Violet Huestis next to a memorial for Sanoah at her home on March 20, 2024 in Arlington, Washington. Peterson wears her sister’s favorite color and one of her bangles. (Annie Barker / The Herald)
‘It just all came down’: An oral history of the Oso mudslide

Ten years later, The Daily Herald spoke with dozens of people — first responders, family, survivors — touched by the deadliest slide in U.S. history.

Victims of the Oso mudslide on March 22, 2014. (Courtesy photos)
Remembering the 43 lives lost in the Oso mudslide

The slide wiped out a neighborhood along Highway 530 in 2014. “Even though you feel like you’re alone in your grief, you’re really not.”

Director Lucia Schmit, right, and Deputy Director Dara Salmon inside the Snohomish County Department of Emergency Management on Friday, March 8, 2024, in Everett, Washington. (Ryan Berry / The Herald)
How Oso slide changed local emergency response ‘on virtually every level’

“In a decade, we have just really, really advanced,” through hard-earned lessons applied to the pandemic, floods and opioids.

Ron and Gail Thompson at their home on Monday, March 4, 2024 in Oso, Washington. (Olivia Vanni / The Herald)
In shadow of scarred Oso hillside, mudslide’s wounds still feel fresh

Locals reflected on living with grief and finding meaning in the wake of a catastrophe “nothing like you can ever imagine” in 2014.

The rezoned property, seen here from the Hillside Vista luxury development, is surrounded on two sides by modern neighborhoods Monday, March 25, 2024, in Lake Stevens, Washington. (Ryan Berry / The Herald)
Despite petition, Lake Stevens OKs rezone for new 96-home development

The change faced resistance from some residents, who worried about the effects of more density in the neighborhood.

Rep. Suzan DelBene, left, introduces Xichitl Torres Small, center, Undersecretary for Rural Development with the U.S. Department of Agriculture during a talk at Thomas Family Farms on Monday, April 3, 2023, in Snohomish, Washington. (Olivia Vanni / The Herald)
Under new federal program, Washingtonians can file taxes for free

At a press conference Wednesday, U.S. Rep. Suzan DelBene called the Direct File program safe, easy and secure.

Former Snohomish County sheriff’s deputy Jeremie Zeller appears in court for sentencing on multiple counts of misdemeanor theft Wednesday, March 27, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Ex-sheriff’s deputy sentenced to 1 week of jail time for hardware theft

Jeremie Zeller, 47, stole merchandise from Home Depot in south Everett, where he worked overtime as a security guard.

Everett
11 months later, Lake Stevens man charged in fatal Casino Road shooting

Malik Fulson is accused of shooting Joseph Haderlie to death in the parking lot at the Crystal Springs Apartments last April.

T.J. Peters testifies during the murder trial of Alan Dean at the Snohomish County Courthouse on Tuesday, March 26, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Bothell cold case trial now in jury’s hands

In court this week, the ex-boyfriend of Melissa Lee denied any role in her death. The defendant, Alan Dean, didn’t testify.

A speed camera facing west along 220th Street Southwest on Tuesday, Nov. 21, 2023 in Edmonds, Washington. (Olivia Vanni / The Herald)
New Washington law will allow traffic cams on more city, county roads

The move, led by a Snohomish County Democrat, comes as roadway deaths in the state have hit historic highs.

Mrs. Hildenbrand runs through a spelling exercise with her first grade class on the classroom’s Boxlight interactive display board funded by a pervious tech levy on Tuesday, March 19, 2024 in Marysville, Washington. (Olivia Vanni / The Herald)
Lakewood School District’s new levy pitch: This time, it won’t raise taxes

After two levies failed, the district went back to the drawing board, with one levy that would increase taxes and another that would not.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.