Saturday, February 28, 2009

Perez guilty of manslaughter in stabbing death

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/27/09

Ronnie Perez's testimony wasn't enough to convince jurors of his innocence in the stabbing death of William Lowell, but the evidence presented at trial couldn't convince them what Perez did to Lowell in June of 2007 was murder, either.

A three-man, three-woman Lee County jury found Perez guilty of manslaughter after two hours of deliberations Friday afternoon, on day four of Perez's second-degree murder trial.

Perez allegedly stabbed and cut Lowell 33 times, with a knife Lowell had used the previous day to clean fish, during a confrontation in the garage of Lowell's home June 22. Though accounts of the hours leading up to and after Lowell's death vary - including differences between Perez's testimony versus his initial statements to Cape Coral detectives - the ultimate affect was two stab wounds through Lowell's left lung and heart which ended his life.

If found guilty of murder, Perez would have faced a life prison sentence.

Manslaughter, a lesser included crime, carries a significantly shorter maximum possible sentence of 15 years in prison.

Both state and defense attorneys said they were pleased with the jury's decision, given the possible alternatives of either acquittal or a life sentence.

"Obviously I was pushing for a not guilty, but the jury heard the evidence, they saw it all and made a decision, and I can't complain about it," said Lee Hollander, Perez's defense attorney. "I understand how they reached that conclusion. I don't believe there was the hatred and ill-will that's required for second-degree murder. I do think (jurors) may have thought that (Perez) went a little overboard when defending himself, and that does constitute manslaughter."

Lead prosecutor Ed Ferguson said simply, "I'm very pleased with the verdict."

Family members and friends of both Lowell and Perez, however, were not as pleased.

Lowell's relatives, including wife Tanya Lowell, said they were "very disappointed" in the conclusion jurors reached Friday.

Several of Lowell's and Perez's family members were visibly upset following the reading of the verdict.

Perez had taken the witness stand in his own defense earlier that morning, telling his side of the story through a court-appointed English-Spanish translator.

Perez told jurors he and Lowell were friends, that they drank and used drugs together.

The early morning of June 22 was when that friendship went bad - a night of drinking and cocaine use Perez said led to sexual battery, threats at gunpoint and a knife fight.

The two were watching a pornographic DVD in the living room when Lowell, who allegedly had been snorting cocaine, became sexual with Perez, he said. Perez denied using cocaine that night due to feeling sick.

"He started touching me here as if I was a woman," Perez testified, indicating Lowell touched him on the side of his buttocks. "I pushed his hand, because I thought he was just kidding around."

Lowell left the couch and returned with a gun, forcing Perez to perform oral sex, Perez told the jury. Perez broke free and ran, leading Lowell to the garage where a fight ensued and Perez armed himself with a knife, he said.

Perez said he had broken a 40-ounce beer bottle over Lowell's head in self-defense and tried to convince him to go to the hospital, but as the fight progressed, he ended up cutting and stabbing Lowell all across his body, including two fatal wounds to his left lung and his heart.

The alleged gun Lowell had used was dropped and lost during the scuffle in an area of the garage police testified they didn't search, Perez said.

However, Perez's statements to Cape Det. Kurt Grau the day Lowell was killed weren't the same as those he made on the witness stand, testimony indicated. He had not told Grau about the alleged physical and sexual assault in the living room involving a firearm, and he told the detective that the drug use and sexual activities between he and Lowell were mutual.

Ferguson told the jury Friday whether or not Lowell had a gun was moot since he wasn't armed at the time he was killed.

"He had no weapon at the time he was being stabbed to death," Ferguson said during his closing arguments. "(William) Lee Lowell was fighting for his life and he was losing. Ladies and gentlemen, this is murder, this isn't a fair fight, this isn't two men squabbling. Police may have, if they'd done a hard inventory of the garage, found a gun. It doesn't make any difference because it was removed from the struggle ... before (Perez) acted to kill."

Perez lacked any serious wounds, other than a bite to his thumb, to indicate the vicious fight on the floor of the garage he'd testified to, Ferguson said.

Hollander argued forensic investigators were sloppy and ignored the central area of Lowell's garage where boxes and bags of things were stacked, and where Perez said Lowell's gun had fallen to.

"If it wasn't in the open, they weren't looking for it," he said. "I submit to you the shortcomings of the forensics investigators constitute a reasonable doubt."

Further, Hollander said it was wrong that the state should expect Perez to stop defending himself with a knife when Lowell dropped the alleged gun.

"There's no referee, there's no one to flip a switch," he said. "Human nature just isn't that way."

The jury was given the case at 12:42 p.m. and returned with a unanimous verdict at approximately 2:30 p.m.

Perez will be sentenced by Lee Circuit Judge Edward Volz March 9.

Thursday, February 26, 2009

Cape victim’s wife takes stand; Perez accused in fatal stabbing

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/27/09

Tanya Lowell told seven jurors, who hold the fate of her husband's accused killer, about the last time she saw him on the evening of June 21, 2007 - he gave her a rose and made dinner plans with her for the following evening. It was their son's 12th birthday.

William Lowell, 36, and his wife of nearly 15 years had been recently separated due to financial problems and personal disagreements. He was the only one residing at their home, located at 2716 N.E. First St., when police discovered his body riddled with knife wounds on June 22, 2007, she testified Thursday.

Lowell and Tanya, who had three children together, ages 6, 9 and 12, were trying to salvage their relationship prior to his slaying. Lowell had given her a rose every day since their separation, Tanya told jurors.

"We were trying to get back together, work things out," she said.

The Lowells never got the chance to rekindle their relationship.

Ronnie Perez, 26, allegedly fatally stabbed Lowell in his house, hitched a ride home with his then-girlfriend Ana Luisa Munoz, took a shower and drove with parents Jose Serrano and Lisneidy Lozano to turn himself in to police in the early morning hours of June 22, 2007.

Thursday was the fourth day of Perez's trial before Lee Circuit Judge Edward Volz, during which jurors are asked to decide whether he is guilty of second-degree murder in Lowell's death. If convicted, he faces a life sentence.

Perez initially told officers he thought Lowell had a gun during a confrontation in Lowell's garage, at which point he stabbed Lowell, possibly killing him.

Testimony so far has revealed the only guns Lowell kept in his home were a broken airgun sitting on a workbench in the garage and a pellet rifle atop a refrigerator.

Police and medical experts testified Lowell had been stabbed and cut a total of 33 times on his head, chest, neck, arms, legs, lungs and heart, along with multiple other bruises and lacerations. Perez had suffered a cut on his foot and bite marks on his thumb from the altercation.

Lowell died as a result of stab wounds into his heart and left lung, according to District 21 Chief Medical Examiner Rebecca Hamilton, who performed the autopsy on his body.

"These wounds were specifically detrimental to his life," she testified.

Additionally, he had "defensive wounds" on the fingers of his right hand, indicating Lowell had attempted to defend himself against an oncoming attack, she said.

Hamilton drew blood from Lowell, which was tested.

It was determined Lowell had a blood alcohol content of .96 and had used marijuana and cocaine prior to his death, defense attorney Lee Hollander told Volz outside the presence of the jury.

The information was not testified to Thursday in the presence of the jury.

Perez's bloody fingerprints were found on doorknobs and a washing machine in Lowell's home, and Lowell's body along with several items appeared to have been moved inside the garage, said forensic specialist Elizabeth Lansky.

DNA testing revealed Perez's and Lowell's blood was found on several items in their homes, according to Florida Department of Law Enforcement crime lab analyst Kimberly Sutton.

Perez's blood was found on a computer tower in Lowell's living room, and a bloody footprint in Lowell's master bedroom also belonged to Perez, Sutton said.

Lowell's blood was found on the computer tower as well, and also on a shower curtain liner in Perez's home.

Hollander motioned that Perez be acquitted of the accused murder after the state rested its case against him, stating it lacks the evidence to prove Perez had a depraved mind, ill will, hatred, spite or malice during the time of Lowell's slaying.

"The state has a completely circumstantial case," he argued.

Assistant State Attorney Ed Ferguson said not only did Perez lack defensive wounds, the act of stabbing Lowell 33 times "indicates an indifference to human life itself."

Volz denied Hollander's motion to acquit.

Perez is anticipated to take the witness stand today in his own defense.

The trial resumes at 8:30 a.m.

Wednesday, February 25, 2009

Cape police: Defendant admitted stabbing victim; Officers testify on day two of trial

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/26/09

Ronnie Perez told police he may have stabbed 36-year-old William Lowell to death, leading them to Lowell's blood-stained body and home, they testified Wednesday during day two of Perez's murder trial.

Perez, 26, is charged with second-degree murder in the June 22, 2007, death of Lowell. He faces a maximum possible sentence of life in prison.

State prosecutors and police officers maintain Perez came to the Cape Coral Police Department and admitted to stabbing Lowell multiple times during a struggle, during which Perez said he thought Lowell had a loaded gun.

When officers arrived at Lowell's Cape home, he was dead. He had been stabbed multiple times and his throat was slashed, arrest reports state.

Perez had reportedly suffered a bite to his thumb, an abrasion to the left side of his body and a cut across the heel of his foot as a result of the altercation.

Detectives quickly booked Perez on murder charges and processed the scene for evidence, as well as Perez's house, they testified Wednesday.

Assistant State Attorney Ed Ferguson told the jury murder is exactly what Perez committed.

"When we're done with this, you're going to see not only that this crime was proven, and that Mr. Lowell was dead ... we're going to show that it was done by the criminal act of Mr. Ronnie Perez," Ferguson said. "It's way beyond self-defense. Just the acts themselves are going to indicate indifference to human life itself."

The evidence, he said, would prove Perez's guilt.

Cape officers Albert Arroyo, Mike Catania and Ishmael Perez testified that they were the first to come into contact with Perez at the police station in the early morning hours following the altercation that lead to Lowell's death.

Perez, speaking primarily Spanish, used officer Ishmael Perez as a translator, the officers said.

"He told me he killed somebody last night," Perez told jurors. "So I asked him, 'Where did this happen?' and he gave us an address."

The officers said when they arrived at Lowell's home, located at 2716 N.E. First Ave., they found Perez's white Mustang convertible in the driveway next to Lowell's truck, and what were likely blood droplets staining the driveway by Perez's driver's side door, the walkway to the main entrance and the doorknob into the home.

When they entered the home, they said they found Lowell's body in the garage and called EMS to the scene. Forensics and investigative services were also notified of what they had found.

Cape detective Kurtis Grau testified that DNA swabs and photographs were taken of Perez during the investigation, and that he formally placed Perez under arrest and booked him into the Lee County Jail.

Forensic technicians photographed Lowell's home and collected evidence, including a pellet gun found atop a refrigerator in the garage and a knife stained in what was likely blood, discovered by detective Christy Jo Ellis, they testified.

Forensic technicians John Dahowski and Frank Williams testified to finding what they thought were drops of blood in the kitchen, living room and outside the home, staining doorknobs and items in different areas of the home. There were also bloody footprints on the carpeting of the master bedroom and in the garage.

Williams said Perez's car keys were found between the cushions of a loveseat, and a pornographic DVD was found in the living room DVD player, both of which were taken into evidence.

A blood-stained comforter was found at Perez's home in an outside trash can, said CCPD Forensics Supervisor Larry Stringham.

But the evidence in the case is untrustworthy, the state's arguments are riddled with buzzwords, Lowell was inebriated and high on drugs the night he was killed, and the crime scene was possibly even manipulated, according to Perez's defense attorney Lee Hollander. Perez, he told jurors, is not a murderer.

"There's no issue about who killed Mr. Lowell," said Hollander. "But not every killing is a murder. I submit to you, (the state)'s evidence isn't what they claim."

Assistant State Attorney Stephanie Hoffman, Ferguson's co-council in the trial, is recovering from a possible adverse reaction to medication. She was taken to the hospital by EMS on Tuesday afternoon, State Attorney's officials said.

Her condition could not immediately be determined.

She did not attend Perez's trial Wednesday.

The trial will resume today at 8:30 a.m.

Early end to first day of Cape man’s murder trial; Medication makes prosecutor sick

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/25/09

Following hours of questioning by prosecutors and defense lawyers, a freshly-selected four-man, three-woman jury took their seats in the murder trial of Cape Coral man Ronnie Perez Tuesday afternoon.

But just as quickly as they had sat, the jurors were escorted from the room, and eventually sent home for the day, when Assistant State Attorney Stephanie Hoffman suffered what appeared to be an adverse reaction to medication she had been taking.

Hoffman, though coherent and seemingly all right, was taken by EMS workers from Judge Edward Volz's Lee County courtroom via a stretcher, shortly after Volz gave instructions about the case to the jury.

"(Hoffman) has a history of high blood pressure," said lead prosecutor Ed Ferguson, adding he hopes Hoffman is alright.

Hoffman was taken in a conscious state to the hospital.

The trial is scheduled to resume today at 8:30 a.m.

Ronnie Perez, 26, faces a second-degree charge in the June 22, 2007, slaying of 36-year-old William Lowell. Perez is accused of stabbing Lowell and slashing his throat as the result of an argument at Lowell's home, at 2716 N.E. First Ave.

Arresting documents indicate Perez told detectives he thought Lowell had a loaded gun at the time the struggle occurred, though it is unclear if he will maintain that defense during the proceeding days of trial.

If convicted, Perez faces a possible sentence of life in prison.

Authorities identify homicide victim as missing Cape man; Question man, woman located by Utah police

CLICK HERE to see the follow-up story written by Cape Coral Daily Breeze city government writer Gray Rohrer

Utah police arrest possible people of interest in slaying; Body found on missing Cape Coral man’s boat

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/23/09

Utah police arrested a man and woman who may be the two people of interest wanted in an investigation of a homicide aboard a boat belonging to a missing Cape Coral man, according to officials.

Jonathan Lebaron, 32, and Kristena Whitmore, 40, were booked Saturday into the Salt Lake County Jail on Florida warrants related to the killing, as well as local charges, according to police.

Following a nationwide search, an anonymous tip led police to a Motel 6 in Midvale City where the two were staying, said Midvale Police Department Detective Sgt. John Salazar.

"They (Lebaron and Whitmore) picked the wrong town to come to," he said.

The two may be the people of interest police have been searching for to question about a body discovered Feb. 13 aboard the boat of Richard Gardner, 57, by law enforcement officers at the King's Pointe Marina on Stock Island.

The Monroe County Medical Examiner had not yet identified the victim Monday night or the manner in which the victim was killed.

According to Salazar, Lebaron and Whitmore had possession of several of Gardner's personal items upon their arrest, including a wallet, business cards and checkbook.

Gardner was reported missing by his wife the same day the body was found aboard his boat, according to reports. She told police that Gardner had headed to Key West days earlier, and she had lost contact with him.

Lebaron and Whitmore may be the individuals pulled over Feb. 12 in Gardner's car by Tennessee police. The driver and passenger were subsequently let go because the traffic stop took place prior to Gardner's reported disappearance and the homicide investigation.

Gardner's 1999 Mercury Marquis was not immediately found Saturday by Midvale police, Salazar said. Detectives continue to search for the vehicle.

Monroe County detectives are on their way to Utah to take Lebaron and Whitmore into custody. Authorities will bring the two back to Florida if it is determined they are the people of interest in the investigation.

The detectives are expected to arrive in Utah today.

Cape teen accused of sexual battery; Report: Victim 12 or under

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 2/18/09

A 14-year-old Cape Coral boy was arrested and charged Tuesday with felony sexual battery of a victim under 12 years old.

Peter Weinberger was booked into the Juvenile Detention Center by Lee County Sheriff's Office deputies based on a warrant for his arrest by the Cape Coral Police Department, records show.

Family members declined comment Wednesday.

The charge stems from a Department of Children and Families investigation in New Jersey, claiming Weinberger may have sexually assaulted a victim under 12 years old.

DCF investigators provided the information to the Cape Coral Police Department between July and September, arrest documents state.

Cape detective Paul Kaye wrote in an arrest warrant that he had determined there was probable cause for Weinberger's arrest.