State of Connecticut v. Ricardo M. Pereira (2011)

MEMORANDUM OF DECISION

BY THE DIVISION

Petitioner Ricardo Pereira was convicted following a jury trial of one count of murder in violation of General Statutes § 53a–54a, for which a sentence of between 25 and 60 years could be imposed, and one count of kidnapping in violation of General Statutes § 53a–92, for which a sentence of between 10 and 25 years could be imposed.   The convictions stem from the beating death of the victim on November 19, 1997.   The petitioner struck the victim repeatedly while both were inside her vehicle.   She escaped the vehicle at which point the defendant ran over her with the car.   After he ran over the victim, he kicked her and beat her further.   He then dragged her body into the nearby brush and left the scene in her vehicle.   At the trial, the petitioner raised a defense of extreme emotional disturbance.   The jury rejected the defense.   The court sentenced the petitioner to a total effective sentence of 75 years—60 years for the murder and 15 years on the kidnapping, running consecutive to the murder sentence.   It is this sentence petitioner seeks to have reviewed.

At the hearing before the Division, counsel for petitioner argued that the sentencing court did not adequately consider the mitigating factor of the petitioner's history of substance abuse and dependence.   He further argued that counsel for the petitioner was ill-prepared and did not do enough to present mitigating factors to the sentencing court.   He relies upon the fact that the petitioner had no prior criminal history and argued that the petitioner was sentenced as if he in fact had a criminal record.   Counsel for the state argued that the sentence was appropriate based largely on the extraordinary brutality of the murder and the petitioner's lack of remorse.

The transcript of the sentencing hearing and the PSI reflect no misapprehension regarding the petitioner's lack of criminal history.   The court made no reference to any criminal history when imposing sentence.   The sentencing court considered the fact that the jury had rejected the petitioner's defense of extreme emotional disturbance.   The court agreed with the jury's determination in that regard, noting the deliberate and conscious nature of the acts which followed the petitioner running over the victim with the car.   The sentencing court stated that the murder of the victim “was the most brutal slaying that I ever experienced in my years in the criminal justice system.”  (Transcript, p. 18.)   The photographs were “the worst” the court had ever seen.   Id. The court stated that the petitioner had perjured himself during the trial and the court rejected his apology believing instead that he did not have remorse for this crime.  (Transcript, p. 19.)   As a result, the court determined that the petitioner was a risk to others if not incarcerated and that a substantial period of incarceration was appropriate and necessary for both general and specific deterrence and for the protection of society.   (Transcript p. 19.)

Pursuant to Practice Book § 43–23 et. seq., the Sentence Review Division is limited in scope of its review.   The Division is to determine whether the sentence imposed “should be modified because it is inappropriate or disproportionate in the light of the nature of the offense;  the character of the offender;  the protection of the public interest and the deterrent, rehabilitative isolative and denunciatory purposes for which the sentence was intended.”   The Division is without authority to modify sentences except in accordance with the provisions of Practice Book § 43–23 et seq. and General Statute § 51–194 et seq.

Taking into consideration the nature of the petitioner's conduct, not only in the kidnap and murder of the victim, but through trial and sentencing, the sentence imposed is appropriate and not disproportionate.   In reviewing the record as a whole, the Division finds that the sentencing court's actions were in accordance with the parameters of Practice Book § 43–23 et seq.

White, Dooley, Fischer, Js.

Dooley, Kari A., White, Gary J., Fischer, Brian T., Js.