A Snohomish County Superior Court jury said it did not believe Daniel Jay Perez’s testimony that two other people murdered his cellmate at the Monroe Reformatory.
Instead, it convicted Perez Thursday of second-degree murder in the June 2006 strangulation death of Cory Garzina.
The verdict, after more than a week of trial, was a partial victory for public defenders. Prosecutors filed a first-degree aggravated murder charge, which carried a penalty of life in prison without the possibility of parole.
Instead, the second-degree murder verdict means Perez is facing a sentence of up to 30 years behind bars.
Judge Ellen Fair scheduled a Feb. 6 sentencing date.
Jurors, who declined to speak publicly, did not find the death was premeditated.
Perez testified that other inmates killed Garzina. However, the panel apparently believed Perez’s confession to Monroe police that he was responsible for the killing.
Deputy prosecutor George Appel, who discussed the case with a juror, said, “It was evident that they were careful.” A second prosecutor, Laura Twitchell, added: “They agonized over it and they focused a lot on the (2006) taped confession.”
Perez, formerly of Tacoma, was sent to prison for vehicular homicide and theft. He shared a cell with Garzina, 24, who was convicted in Skagit County of theft and trafficking in stolen property.
Garzina’s prison term was about a month from being completed when he was killed. His body was found in the two-man cell after a head count of prisoners resulted in one missing prisoner.
In 2006, Perez told police that he dreamed Garzina was going to kill him, and the defendant decided to strike first and kill his cellmate. Perez has a history of mental health problems.
Detectives took pictures of his hands, which had abrasions consistent with someone pulling hard on a cord like the one found around Garzina’s neck.
His story changed abruptly on the witness stand early this week.
Perez told jurors that he was out of his cell when Garzina was killed. He identified two prisoners who told him to make sure Garzina was up and dressed. Perez also was warned to be away from the cell that morning.
He also said he confessed in 2006 because the prisoners who killed Garzina threatened him and his family if he told on them.
Defense attorney Caroline Mann said she likely will ask the judge to impose a term at the low end of the sentencing range, about 23 years.
“I felt that aggravated murder was overcharged,” Mann said. “We hoped for better. The jury felt Daniel did the killing.”
During the trial, Mann criticized the quality of the investigation, saying that such things as fingerprints and material for DNA analysis weren’t gathered. Those items might have eliminated suspicion from Perez and pointed blame on others, she said.
“I think the investigation was so shoddy it’s hard to say what happened,” Mann said.
Reporter Jim Haley: 425-339-3447 or jhaley@heraldnet.com.
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