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Judge denies motion to reconsider Perkins' sentence

Last Modified: Saturday, October 13, 2012 1:41 PM

By Johnathan Manning / American Press

A state district court judge on Friday denied a motion to reconsider the sentence of Bryce Perkins, who was convicted of killing Daniel Gueringer during a fight at a party in 2009.

Judge Ron Ware, who sentenced Perkins, 26, to life in prison in July, denied the motion without conducting a hearing, saying one was unnecessary. Perkins was not in court, but members of his and Gueringer’s families were.

Perkins was convicted of second-degree murder in April 2011, but at his original sentencing Ware reduced the charge to manslaughter, saying Perkins had no specific intent to kill Gueringer. He sentenced Perkins to 30 years in prison.

The 3rd Circuit Court of Appeal reinstated the second-degree murder conviction in March.

Prosecutors on Wednesday dropped charges against Austin Rousseau, another person believed to have been involved.

Rousseau was charged with second-degree murder and possession of a weapon with an obliterated serial number.

Perkins told police that Rousseau had the gun when they ran up to the scene of the fight at the party, but grabbed it from him. But witnesses said Perkins told Rousseau to give him the gun.

Prosecutor Rick Bryant said that “the fact of it is we didn’t feel the evidence supported the charge” of second-degree murder.

He said prosecutors would have had to prove that when Rousseau gave Perkins the gun, he intended for him to shoot someone else.

Bryant said Gueringer’s family was consulted before the charges were dropped.

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