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Judge overrules jury, imposes lighter sentence in malicious wounding case

A jury found 23-year-old Anthony Lee Perry Jr. guilty of a 2009 stabbing on Jan. 21 and recommended he spend five years in prison. Judge J. Howe Brown thought otherwise during Perry’s sentencing on May 6—opting for two years in prison and three years suspended.

“There are a number of conflicting interests in this case,” Brown said. “If I sentence [Perry] for less than five years, I can hold onto him longer through probation—that gives the court much longer to see if he makes something with himself.”

The five years recommended by the jury were the maximum allowed for a malicious wounding charge.

Perry stood and addressed the courtroom for several minutes while he attempted to convince Brown to go for a lighter, parole-heavy sentence.

“Even though I can’t take back what I did, I’m extremely sorry,” Perry said, even turning at one point to address Denise Gerardo Aragon Olievar, also 23, the victim in Perry’s botched 2009 mugging. “This man got hurt, he went to the hospital. That’s not me, that’s not who I am. I never meant to harm him.”

The prosecuting attorney, who had pointed out that Perry forged documents to stay out of jail for a probation violation—leading to the mugging, was notably disappointed after Brown’s sentence came down.

“This man lied to the court,” the prosecuting attorney, who declined comment following the sentencing, said to Brown.

At the time of the stabbing, Perry should have been in jail for a series of parole violations—a judge had originally imposed several months for the violations, but Perry brought forth two documents that said he was undergoing physical therapy, and the Loudoun County Adult Detention Center was unable to meet his therapy needs.

After an investigative report by the Loudoun Independent revealed the documents were falsified, prosecutors brought Perry back before a judge and the 11-month balance of his prison sentence was put into effect. Perry was also found in contempt of court.

Olievar, who was airlifted and hospitalized following the attack, was also unpleased with the verdict.

“I don’t feel well about it at all,” Olievar said through a translator. “[He deserved] five years. I don’t know why the judge made that decision.”

Perry’s lawyer, Michael J. Harrington, was unreachable for comment following the sentencing, but claims that Perry has learned from his mistakes.

“This is a different person standing in front of you today,” Harrington said, gesturing towards the red-and-white uniformed Perry. “He’s different.”


Hang the Judge…

It’s very simple the next time this thug is arrested (and there will be a next time) charge the judge as an accessory.

Let’s see…..we have a criminal before us who already has parole violations and SHOULD have been in jail had he not committed forgery to stay out of prison.  So while he has fooled everyone and is out on parole he stabs someone.  Sorry, but there is no way being on probation for three years is going to change this guy.  What would have happened if there had been a hung jury?  If he had been retried then maybe it’s better for juror to not concede but hope the next jury doesn’t have a crazy lone hang out?

Now comes the civil case.  Perry will be sued in civil court and will have a hefty monetary judgement placed against him and he continue to plague our streets with his criminal activies when he is released.  He will never make it in society, so God help us when he gets out.

OH NO!  Don’t tell me the criminal was Black?!  I don’t recall seeing that in his description.  Hmmm, explains a lot nowadays.

@Pete -

I don’t think I could have said it better myself.

There are way too many chances that we give career criminals today. (Yes, Mr. Perry is a career criminal - or at least something more than a habitual offender - with his history.)

It’s time we quit treating them as “misunderstood”, “disadvantaged”, or whatever and started treating as what they really are… a menace to society.

“Judge overrules jury” —What’s the point of having a Jury if a Judge will just overrule them?

Yeah yeah yeah he was “turning his life around” or a product of a “bad environment” or guilty of making some “mistakes” as a “young man.”

Right out of the progressivist’s handbook.

When did Maryland annex Northern Virginia?

to the Judge, defense team and lone juror, Perry’s own words shows he was guilty….“I never meant to harm him”. To Lindsey, does his comment not mean guilty? At only 23 and convicted of at least two crimes, Perry is not someone to believe or trust. And the next time he’s out, it might be murder and not malicious wounding.

This is why Judges should be voted on. Why do we even have jury trials if the judge feels he’s a better judge of character since that’s what this case comes down to. Pretty sad. He should have done longer than 5 years, at least 10. I give him a few years after he gets out and he’ll be back.

@Ms. Hendrix:

“I was present for a good portion of this trial. I witnessed the ‘victim

I wish we could just take Perry outside and smoke him with magnum force.

Attorney’s are a dime a dozen and it’s time to clean most of them out and make it a lot harder to obtain a law degree and license. I could care less who was lying on the stand…a person was stabbed and the judge overrules the jury for a lighter sentence. He will be back in the news again, but this time for something worse. I’m really sure he is a changed man for the better (insert sarcasm here). By reading the post for the attorney below, you can really tell they let anyone have a law degree and license now.

The case had very little hard evidence for us to look at.  We had to decide who we found more credible and bottom line is, both stories were full of holes.  Albeit Perry’s had more holes than a brick of swiss cheese.  We sat and deliberated for the entire day about how we felt he should have been charged. Eleven of us agreed with the fullest possible charges and we were faced with the one person who didn’t want to believe that Perry acted in a malicious manner.  Some middle ground had to be reached or we would still be there today.  To add to it, we were presented with more information during the sentencing portion of the trial that would have made the decision very easy to make.  If I was a one man jury, you bet I’d have voted to put him away for the longest possible time allowed.

As his former teacher I can tell you all he was a nice kid and kind of sweet. he didn’t have much family support. However leniency will not help him in this instance and I resent anyone saying they didn’t mean to harm a victim they stabbed!! The bottom line is if a person acts violently toward someone then that person is a violent criminal

I am Mr. Harrington’s law partner and I do not feel the need to remain anonymous.  I was present for a good portion of this trial. I witnessed the “victim’s” testimony, during which he was caught in several lies. Had the jury believed the victim’s version of events they would have HAD to find Mr. Perry guilty of the robbery charge pursuant to the jury instructions, and they did not. It is disturbing that the public relies on THIS newspaper to decide whether the jury and judge did their jobs. The LTM reporters NEVER ask us (as defense counsel) for comment.  I have complained about this several times, but my letters are never published and the editor never calls me.  And Mr. Vecchio did not even ATTEMPT to approach or contact Mr. Harrington, so stating that he was “unreachable for comment” is beyond incompetent - it is untruthful.

I was involved in this case too. The person who was stabbed was eviscerated (intestines in his lap) and almost killed after wiring hard earned money home to his family in Hondoras. The victim was just a walking ATM to this predator who had an extensive criminal history. This punk was charged with AGGRAVATED MALICIOUS WOUNDING and looking at 20 years, but between a spineless jury who was bullied by one hold out jurist (can you guess the reason?) and a limousine liberal judge, this guy will be out soon to prey in a neighborhood near you.  Well done Loudoun.

Member, I wasn’t there nor on the jury but I respectfully ask why he wasn’t guilty of “malicious” instead of “unlawful,” which would have started the sentence at 5 years, minimum?

I sat on the jury that voted to put him away for 5 years…and I can tell you, anyone can sit in front of a court room and give off a rehearsed speech about how they have changed and they are sorry for their actions.  Reality is, with the rap sheet this kid has, he’s not going to change and the “slap on the hand” that he keeps getting is going to teach him that no matter what he does, he’ll keep getting off easy.

Once again, Mr. Vecchio has misused a word in his writing, an error than can lead to confusion while reading this article.  The headline suggests the judge is striving or working towards a lighter sentence.  In reality, the judge imposed the lighter sentence.  The judge has no ability or need to “vie” for something that he has the power to do with the stroke of his pen.  He did it, period.

Where should I deliver a box of dictionaries for use by the LTM staff?

Tell me why this judge is allowed to enter a court room again?  This is the reason criminals continue to run the roads.  Our justice system in this country is way to easy on criminals.  Another worthless piece of crap allowed to run free.

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