An Athens man pleaded not guilty yesterday to accidentally killing a bystander while helping residents repel four would-be robbers during a violent February home invasion.
John W. Perry II, 24, of Beckler Road in Athens, was defending a friend's trailer in the early morning hours of Feb. 15 against four robbers, armed with at least one pistol and a scoped rifle. The raid turned violent and left a Meigs County man, who arrived during the fight, dying in front of the trailer with a gunshot wound to the chest.
Prosecutors say Perry caused 39-year-old Donnie Putnam's death when he shot wildly through a trailer wall while high on crack cocaine. Prosecutors admit they have no evidence proving who fired the fatal shot, but say that it doesn't matter, because Perry's recklessness caused Putnam's death.
All of the robbers are in prison for the crime. Three were convicted of aggravated robbery and felony murder and sentenced to 28 years to life in prison. The fourth took a deal with prosecutors and will spend four years in prison.
During Perry's arraignment, Assistant County Prosecutor Keller Blackburn asked the judge to add $300,000 to the $85,000 bail carried over from Perry's two previous indictments for tampering with evidence and perjury charges. These two indictments resulted from the shootout.
A grand jury returned the latest four-charge indictment Tuesday.
Perry could now spend twice as long in prison and would likely flee if released, Blackburn said, adding that his office may seek additional charges against Perry.
Perry is not anywhere close to posting the original and adding to it isn't necessary, said Michael Prisley, Perry's attorney.
He's not going anywhere
judge. He's being held and he's going to be here for trial he said. I really don't see a need to overdo it
which I think the $300
000 might be reaching a little.
The judge also merged the new charges with the previous indictments on the request of prosecutors.
Blackburn said the move would save time, because the two cases have much of the same evidence.
Prisley responded that merging all the charges into one case could prejudice the jury and compromise Perry's right to a fair trial.
(Efficiency) cannot trump my client's right to a fair trial
he said, adding after the hearing: We're all sort of guilty of this where there's smoke there's fire (mentality)... Well
slap the words involuntary manslaughter on a case
and the natural inclination is to think 'what'd that guy do?'
Perry will return to court on Nov. 3 for a hearing and on Jan. 5 for his trial. He could spend 30 years in prison if convicted of all charges.
1
News
