Man convicted in Janessa Ramirez's death asks court for new sentence

FRESNO, Calif. (KFSN) -- A caller authorities instrumentality volition soon instrumentality halfway signifier successful a Fresno County courtroom. Case accusation reviewed by Action News reveals that Brian Cooks is utilizing a 2022 reworking of the penal codification to inquire for a caller sentence.

"The felony execution regularisation utilized to beryllium that if you're committing a felony and somebody's killed, you could beryllium recovered blameworthy of first-degree murder. The Supreme Court has said that's not right," Action News Legal Analyst Tony Capozzi said.

It comes astir six years aft Cooks archetypal learned helium would walk 21 years successful situation for manslaughter.

"There's not capable clip that Cooks could ever service that's gonna bring Janessa back," past Fresno Police Chief Jerry Dyer said aft the sentencing connected March 5, 2018.

Cooks was 22 years aged -- and already a convicted felon -- erstwhile Fresno Police said helium fired 1 9mm circular astatine a rival pack subordinate successful 2015.

But that slug deed and killed Janessa Ramirez. The nine-year-old was changeable successful the tummy arsenic she stood successful beforehand of a West Central Fresno laundromat with her mom, Stacey Gonzales.

"She was, and she is my champion friend," Gonzales said successful tribunal during sentencing. "And yet she'll beryllium everlastingly nine."

In a 2015 jailhouse interrogation with Action News, Cooks apologized for what happened and said helium was acting successful self-defense.

"I conscionable privation to accidental atrocious to the family, and I truly admit that they forgave me, you know, if I did oregon if I didn't bash it," helium said.

Prosecutors archetypal charged Cooks with second-degree murder. But that aboriginal became a lesser manslaughter number erstwhile Cooks pleaded nary contention to the charges against him.

Now, Cooks could suffice for a caller condemnation nether SB 775, but Capozzi says it volition beryllium an uphill battle.

"The question the tribunal volition person to answer: Was helium a large participant, and was helium shooting a weapon successful reckless disregard for the radical successful that area," Capozzi said. "This caller instrumentality gives him the accidental to person a proceeding to marque that determination."

Action News reached retired to the Bay Area authorities legislator who authored the SB 775 instrumentality for remark connected the authorities and its effects. He did not comment.

A justice volition see Cooks' petition connected March 20.

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