Campbell man sentenced for assault on deputies
Luis Perez
YOUNGSTOWN
More than two dozen deputies from the Mahoning County Sheriff’s Department packed a county courtroom in a show of solidarity for fellow deputies who had been assaulted by an inmate.
Luis Perez, 36, of Campbell, appeared Monday before Judge John M. Durkin for sentencing on one count of felonious assault against an officer and two counts of harassment with bodily fluids. He pleaded guilty to the charges in May.
Jennifer McLaughlin, an assistant county prosecutor, said Perez, who is HIV-positive, was charged after he brutally attacked a guard in the county jail in 2010. She said he was bleeding from the head after the attack and flung blood on two other guards leading him from the holding area.
McLaughlin said the incident started while Perez was in the county jail serving a 12-day sentence for a minor infraction in Campbell. She said Perez became angry when he asked for medication from the medical cart but was told it was not time for his medication.
According to McLaughlin, Perez became belligerent with Deputy Michael Watters and was subsequently sprayed with pepper spray. She said Perez attacked Watters, beating the deputy unconscious. Watters was off work for six months after the attack and had to undergo physical therapy.
McLaughlin said the flinging of blood took place right after the assault on the guard.
Prosecutors recommended a combined eight-year sentence on the charges. The maximum sentence would be 20 years in prison.
Uniformed deputies sat quietly in the courtroom as the judge prepared to hand down his sentence, but Perez, without warning, announced he wanted to withdraw his guilty plea, fire his attorney Anthony Meranto and move to trial. He said he has been threatened, denied visits from family and did not feel he was getting a fair hearing.
“For the past year, I have not had any visits and have been in fear for my life. Everything the prosecutor is saying is a lie. I want to basically go to a different court because I am not getting a fair trial,” said Perez.
Judge Durkin had a short hearing, revisiting the plea agreement and what took place when Perez agreed to plead guilty to the charges. He said it is critical that Perez understood what he was doing when pleading.
“I will tell you, I was satisfied when the plea was taken, that is was knowingly, intelligently and voluntarily made,” said Judge Durkin. “The issue today is is there another basis to which your plea can be withdrawn.”
Ultimately, Judge Durkin denied the request to withdraw the guilty plea.
Watters told the court the attack has left him with physical issues and also affected his family financially because he was unable to drive or work, making it necessary for his wife also to have to take time away from work.
“Mr. Perez has affected my life in a way no one else ever has,” said Watters. “I would plead with you to give him the maximum you can give him.”
Meranto said Perez was frustrated over his health concerns and feeling as if he was unjustly in the county jail when he acted out toward guards. He questioned if the situation could have been handled differently by guards to achieve a different outcome.
Perez said he has been frustrated because the medication is needed for him to survive and he claims he has not been getting the medication in a timely manner while in the jail. He did say he was sorry for what took place and also expressed frustration of the loss of custody of his son.
Judge Durkin took the recommendation of prosecutors and sentenced Perez to a combined eight years in prison on all charges.