Judge denies resentencing request in 2012 downtown Yakima murder case
YAKIMA – A resentencing request from a Yakima man charged as an adult for a murder he committed as a teenager 12 years ago has been denied by a Yakima County Superior Court judge.
Judge Ruth Reukauf issued her written denial of Daniel Perez Jr.’s resentencing request on Dec. 23, following a Dec. 2 hearing on the matter in the Yakima County Juvenile Court building.
“There is not a basis to vacate the defendant’s sentence. The defendant has not shown actual prejudice,” Reukauf wrote in her order denying Perez’s resentencing request.
Perez’s attorney, Gregory Scott, said he expects to file an appeal of Reukauf’s decision, which must be done within 30 days of the Dec. 23 written decision filing.
“The judge discussed the need for finality in these cases … well, we also need justice,” Scott said after the ruling was issued. “The Supreme Court (consideration of juvenile sentences) has evolved, the case law interpreting the issue has evolved.”
Case history
Perez was 15 years old when he killed Octavio Rangel, 26, on Oct. 23, 2012, in the early evening near the downtown Yakima transit center.
Rangel was roughing up another man over money he owed when Perez pulled a .45 caliber pistol and fired three shots into Rangel’s thigh and torso. Perez then fired two more shots into his head. Those final two shots prompted a judge to rule in June 2013 that Perez should be tried as an adult.
In October 2013, Perez pleaded guilty to second-degree murder and first-degree unlawful possession of a firearm, a plea deal that allowed prosecutors to seek a nearly 25-year prison sentence.
In June 2014, Yakima County Superior Court Judge David Elofson sentenced Perez to 20 years in prison, citing the teen’s age at the time of the shooting, among other factors, in not granting prosecutors’ request for a 24½-year prison sentence.
Since Perez was sentenced, the Washington Supreme Court ruled juveniles who were tried as adults can seek sentencing reductions. Perez sought a resentencing under this ruling, but in 2021 the matter was remanded to the Yakima County Superior Court “to decide the motion on its merits,” Reukauf wrote in last week’s written statement.
“The mitigating factors of youth are throughout the transcript,” Reukauf wrote. “There is no doubt that Judge Elofson took the defendant’s youth into account when he sentenced him.”
Reukauf said the 60-month firearm enhancement, based on the unlawful possession of a firearm plea, did not merit a resentencing.
Perez, who is 27, has said he’s spent the better part of his incarceration seeking redemption. He denounced his gang affiliation and helped form a prison support program for those who have stepped away from gang life.
Rangel’s family has said they want Perez to serve the full sentence, and it’s been difficult to have the matter back in court. They said Rangel was leaving gang life when he was killed.