by BRAD ROLLINS
The district attorney says she will not ask for the death penalty for a man indicted this week for capital murder for allegedly killing his girlfriend’s baby boy.
“This was a violent crime and we take these cases very seriously especially because there is a six-month-old victim,” Hays County District Attorney Sherri Tibbe said. But, she said, “We are not going to seek the death penalty in this case.”
She declined further comment, citing her office’s policy of not discussing pending criminal cases.
A grand jury on Tuesday determined there was sufficient evidence to bring capital murder charges against Richard “Ricky” Perez, 20, who was originally charged with injury to a child after investigators said he gave inconsistent stories about circumstances surrounding the boy’s death.
According to arrest documents, Perez called 911 at about 9:41 p.m. Jan. 4 and reported that he and his son had been involved in a traffic accident in San Marcos. Emergency workers arrived to find Perez administering CPR on six-month-old Aiden Skyler Perez, Perez’s live-in girlfriend’s child.
“It was immediately clear to on-scene personnel that the child would not have suffered fatal injuries due to the minor accident that he was involved in,” Hays County sheriff’s investigator Jeri Skrocki stated in the affidavit. “…Perez indicated that he was unsure how the child had sustained the fatal injuries” but later acknowledged dropping the infant on his head, the document states.
Because the injury allegedly happened at the Perez residence on Centerpoint Road outside the city limits, the Hays County sheriff’s office took over the investigation.
CORRECTION 03/14/08: This story originally identified Jeri Skrocki as a San Marcos police detective. Skrocki is a Hays County Sheriff’s Office investigator.