Perez attorney asks for delay in case

Perez

For the fourth time, court hearings for a Rush County man accused of shooting and wounding his brother and nephew have been delayed.

Robbie L. Perez, 36, of Homer was scheduled for either a change of plea hearing or pre-trial conference Monday in Bartholomew Circuit Court.

But at the request of public defender Joseph Villanueva, Judge Kelly Benjamin rescheduled the hearing until 1:30 p.m. on Dec. 16. If Perez continues to maintain his innocence, jury selection is set to get underway at 8:30 a.m. on Jan. 13.

Earlier delays were prompted by the addition of four hearings regarding jail rules and regulations that Perez reportedly violated, as well as the completion of an asset report to determine whether a court-appointed public defender is warranted, online court records state.

Perez is charged with attempted murder as a Level 1 felony, aggravated battery when the assault poses a substantial risk of death as a Level 3 felony, and aggravated battery when the assault poses a substantial risk of death as Level 3 felony.

If convicted on all three counts, Perez could face 26 to 72 years in prison, as well as fines of up to $30,000. Judge Kelly Benjamin has refused to lower the defendant’s bond, which remains at $5 million or 10% cash.

At 11:25 p.m. on the night of June 1, 2023, Bartholomew County sheriff deputies were called to the 300 block of Elm Street in Hope to investigate a report of a shooting. When the officers arrived, they discovered that the defendant’s brother, George Perez Jr. and his toddler son, Kingston, had both been shot. The father, who was 36 at the time, and the boy, who was only 3, were both flown to Indianapolis area hospitals by Lifeline helicopter.

While George Perez was released in a relatively short amount of time, Kingston Perez was initially placed into an medically-induced coma after being listed in critical, but stable condition at Riley Hospital for Children. A month later, the Perez family use social media to report Kingston was alert and recovering at a rate faster than expected.

At 10:49 a.m. the morning after the shootings, deputies were told that Robbie Perez’s silver, four-door compact wagon was westbound on East King Street, near Interstate 65 in Johnson County. After Franklin police attempted to stop the Chevy HHR, there was a brief pursuit before the defendant was taken into custody.

Moments after being stopped, Robbie Perez was found to be suffering from a self-inflicted gunshot wound to his chin. He was first taken to Eskenazi Hospital in Indianapolis where he was kept under guard. After the defendant was released, he was immediately booked into the Bartholomew County Jail.

Investigators, who said there was a long-running feud between the two brothers, said they believe Robbie Perez went to his brother’s home, stood on the porch and fired shots inside the residence before fleeing the scene.

George Perez later said he does not believe his brother intended to shoot Kingston, adding the bullet that seriously wounded his son was likely intended for him.