Two Charges Tossed, Assault and Battery Filed, in Perez Case
by C.F. David
Through his attorney, Robert Jakes, Jimmy Perez, waived a preliminary trial and went to court on Tuesday morning.
Perez had been jailed since Feb. 8, on charges of assault with a dangerous weapon and larceny of a house, resulting from an altercation in a home in Southwest Boise City.
That Friday, Perez had gone to the home of Boise City Police Officer Rebecca Searl. According to a report filed, Searl was on duty and on break when Perez entered her home. She ordered him to leave, and a fight ensued.
After the two charges were dropped on Tuesday, (with costs), Perez, pled to a misdemeanor charge of assault and battery, and agreed to a probation revocation on a 2005 charge of receiving stolen property.
The A&B charge brought a sentence of 90-days in jail, and a fine of $250.
The revocation of four years probation brought a 18-month stay in the Oklahoma Department of Corrections, with the two and one-half years balance being resuspended. The 90-day sentence will run concurrently with the 18- month sentence. Perez will also be responsible of fines and charges totaling another $400.
Jakes, speaking for his client, admitted that in violation of his original probation, Perez had possessed and drank alcohol, (including a bottle in Searls home that was there “…basically for him.”), and had been in possession of a handgun, (Searl’s duty weapon), which he [Perez] had placed on the front seat of Searl’s patrol car.
Kincannon asked Perez if he admitted striking Searl.
Perez responded yes, that Searl had hit him.
“Are you saying it was self-defense?” Kincannon asked.
“No,” Perez answered.
Before signing off on Perez’s plea bargain, Assoc. District Judge Ron Kincannon looked at Perez and spoke sternly.
“You’ve made promises, (In the past), to me and to the state of Oklahoma. Your word means nothing; why should I let you have time off? We don’t need you on the streets. [If the rules of probation aren’t followed.] We have a right to expect you to follow the law,” Kincannon said.
“I see that you have your Rosary with you. I know nothing about your faith walk. Your Priest can forgive you…I can’t. But I’m going to accept the plea.
Kincannon then admonished Perez that the time he was in prison and the money owed in fines, could have been used to support his family.
The judge then told Perez he’d been given another chance.
“Please take advantage of it. Stay away from substances, and the wrong people.”