Prosecutor said Brittany Perez never put herself in harm's way.
Daniel Horne
SPRINGFIELD – Hampden Superior Court Judge C. Jeffrey Kinder said Tuesday to lose a child at any time “is of course a traumatic event that causes suffering.”
“But to have your child indiscriminately gunned down in your own home – the sanctuary of your own home, in your presence, is by any measure an unspeakable horror,” he said.
Kinder spoke those words at the sentencing of Daniel Horne, found guilty Monday by a jury of second-degree murder in the fatal shooting of 18-year-old Brittany M. Perez nearly two years ago.
“Time will never heal those wounds. And the defendant, of course, must be held accountable for that tragedy,” Kinder said.
Kinder had no choice in sentencing Horne, 28, of Springfield on the second-degree murder conviction, which carries a mandatory sentence of life in prison.
A defendant can apply for parole after serving 15 years of the sentence.
The jury also convicted Horne of three illegal firearm charges. Defense lawyer Andrew M. Klyman asked Kinder to not add any extra time for those crimes, saying Horne was “deserving of a small measure of mercy.”
Assistant District Attorney Donna S. Donato asked for an additional 4½ to 5 years for one of the gun charges.
Kinder sentenced Horne to a 3-5-year state prison sentence on one of the gun charges, saying the murder life sentence starts after the gun sentence. That would delay Horne’s ability to ask for parole.
Donato said unlike many victims in such cases, Perez “did not put herself in harm’s way” and had no involvement in illegal or dangerous activities.
“Brittany Perez was gunned down in front of her family for no reason but a stolen TV,” she said.
The prosecution said Horne shot up to 6 bullets into Perez’s 55 Wilmont St. home because he thought someone in the home had something to do with stealing a television.
Four of those bullets fired Oct. 18, 2009, hit Perez, and one went into her brain.
Bobbie Jo Maynard, Perez’s mother, sobbed as she talked to Kinder. “She was everything to me. She was a real good girl. No matter what troubles, she was always happy. She was never sad. She brought a wonderful son into the world.”
“To take her away from me like this, I can’t believe it....My daughter is not replaceable,” she said.
Maynard said Brittany’s son, 14 months old at the time of his mother’s death, refers to her as mom. “I’m his grandmother not his mother, he needs his mother there. I don’t even know what to tell him when he gets older,” she said.
Bryana Lee Mercaelo, Perez's sister, wrote a statement for Kinder: “On Oct. 18, 2009, I was living on 55 Wilmont Street and I was only 12 years old and I saw my sister, Brittany Marie Perez, get shot. It was one of the worst things someone can ever go through. Ever since that day, I really can’t sleep and I wake up crying and wishing my sister was still here.”
Franky Perez, Brittany’s father, talked to the judge as he sat beside Maynard at the prosecution table. He said his daughter became a mother at a young age and embraced every day of every moment she became a mother.
He said, “She had that smile that brightened that rainy day, the smile that changed the frown on someone.”
At Perez’ funeral, hundreds of mourners recalled her as a shy, earnest student and a devoted mother.
Perez had been advancing through a teen parenting program at the YMCA of Greater Springfield, was poised to earn her GED diploma and had her eye on a nursing career, according to her teachers.
Klyman asked Kinder to see Horne, whose family and friends were in court, as more than just a person convicted in this case. He said Horne has two children, is a high school graduate who has taken college courses, and worked at a number of jobs as a store clerk.
Horne had only one past conviction, for assault and battery, Klyman said.