Man sentenced to 15 years for shooting
Originally published April 27, 2012 at 11:56 a.m., updated April 27, 2012 at 6 p.m.
A man was sentenced Friday to just over 15 years in prison for shooting an acquaintance in the abdomen.
Reycel Perez Martinez, 31, was found guilty March 16 by a Clark County jury of first-degree assault in connection with a June 28, 2011, shooting at the victim’s home in the 10010 block of Northeast 72nd Circle. Jurors did not find enough evidence to convict the defendant on the stiffer first-degree attempted murder charge.
Still, the assault charge came with a five-year firearm enhancement; the sentencing range, including the enhancement, was between 153 to 183 months in prison.
Defense attorney David Kurtz had tried to argue his client was trying to defend himself when he shot Eric Luna-Perez, then 33. Kurtz cited that defense at Friday’s sentencing hearing.
Clark County Superior Court Judge Scott Collier said he didn’t believe the defense, noting that it’s tough to prove self-defense when the suspect is the visitor or intruder. Also, Perez Martinez parked his car several blocks away from Luna-Perez’s home.
“If you were just there for a visit, you would have pulled up to the driveway,” the judge said.
Collier went with Senior Deputy Prosecutor Camara Banfield’s recommendation of a punishment at the high end of the sentencing range.
According to trial testimony, Perez Martinez went to the home of drug dealer Luna-Perez, and a confrontation ensued.
Prosecutors said Perez Martinez pulled out a gun and shot the victim in the abdomen and then tried to shoot him in the head. The gun misfired.
Kurtz had contended the two were wrestling for the gun when it discharged.