Sentencing was supposed to take place Thursday for a defendant in an Emporia murder case. That isn’t on the calendar anymore because the case is changing direction.
Alexei Perez-Ricardo was set to be sentenced for second-degree murder before his defense attorney, Rand Simmons, filed a motion to withdraw a no-contest plea that led to several counts being dismissed earlier this year. In the filing, Perez-Ricardo says he got into a fight with Adolfo Callejo-Viniegra, who hit Perez-Ricardo in the head with a beer can. Perez-Ricardo says he responded and ultimately killed Callejo-Viniegra. The filing also says Perez-Ricardo was depressed and concerned about the consequences but now wants to pursue the case in court.
The next hearing in this case is Oct 22. Prosecutors need to file a written request by Aug 21, with Simmons filing a response by Oct 1.
