Defense Attorney: Perry will not accept plea deal for officer’s death; police overcharged

The defense attorney for a former Barrio Azteca gang member accused of intentionally killing an El Paso police motorcycle officer told ABC-7 Thursday they will not accept a plea deal of 45 years in prison and the case is likely headed for a capital murder trial later this month.

“We’re not ready to accept that. Not at the current offer,” said Joe Spencer, attorney for John Paul Perry, who allegedly hit officer David Ortiz on purpose at a red light near Lee Trevino and Vista Del Sol on March 10.

“We think this case is a manslaughter case. It’s certainly not a capital murder case,” Spencer said.

The District Attorney’s office had no comment on the case. A hearing in the 243rd District Court is scheduled for Tuesday and the trial is scheduled to begin on Jan. 20.

Spencer said he thinks 30 years is more appropriate and his client would consider accepting that sentence. “They have indicated to us that they are not going to come down to 30 years,” Spencer said.

At issue is whether Perry, driving a Kia Optima, intentionally drove into Ortiz, causing his motorcycle and the Kia to burst into flames. The force of the impact threw Officer Ortiz into the top of another car. The officer’s body then slammed into a second vehicle.

“There’s no doubt that there was reckless conduct on the part of Mr. Perry,” Spencer said. “But it certainly was not intentional.”

An off-duty police officer and other witnesses have claimed Perry was traveling at a high rate of speed and abruptly changed lanes to hit Ortiz. Another witness allegedly told police in Merkel, Texas, where Perry allegedly fled, that he admitted to intentionally hitting the officer.

Spencer said he believes that witness is Perry’s brother.

“I think the state is claiming he had a conversation with his brother,” Spencer said. “We visited with his brother. We don’t think his brother is going to say that. We also believe he was under a tremendous amount of coercion and duress when he gave that statement, because he has such an extensive criminal history, his brother does. I think he was trying to look for some help to help himself.”

As for witnesses who claim Perry drove into Ortiz intentionally, Spencer said: “I don’t see that way, that the officer has any way of determining whether it was intentional or not. Certainly the accident reconstruction from the state doesn’t show that he changed lanes. He was in the same lane and he just didn’t see the individual in front of him.”

Perry’s sister, Glenda Gallegos, told ABC-7 two weeks after Ortiz’s funeral her brother told her he did not hit the officer intentionally.

“They’re making him look like a monster and he’s not a monster,” Gallegos said through tears. “He’s a human being and he made a mistake.” She said her brother told her he “dozed off” and was sorry for what happened.

“I’m sorry for the family of Officer Ortiz,” Gallegos said. “My heart goes out to them, but he’s not a monster. It was an accident and he has to pay for it being an accident, he knows that.”

Spencer told ABC-7 his client was overcharged. “I think part of the reason it was over-charged is it gives them leverage to try and negotiate and try and get a higher sentence,” Spencer said. “But it certainly tells you, I believe, even their acceptance, that they think it’s a risky proposition to try and prove a capital murder offense.”