Five sentenced to prison in 2018 Kennesaw murder
Sep. 24—Prosecutors announced the conviction and sentencing of five people involved in the 2018 murder of Daniel Perez in Kennesaw.
Gustavo Hernandez-Ortiz, 18, was accused of shooting and killing Perez in a drug deal and robbery gone wrong in March 2018. On Aug. 27, he was found guilty on charges of murder, aggravated assault, criminal attempt to commit a felony, conspiracy to commit armed robbery and a gun charge, the office of Cobb District Attorney Flynn Broady Jr. announced.
District Judge C. LaTain Kell sentenced Hernandez-Ortiz to life in prison plus 15 years on Sept. 4. Four other people involved in the incident were also sentenced: Brittani Hernandez, 21; Charlton Kariuki, 24; Maria Mungai, 22; and Devin Thomas, 25.
The DA's office said that on March 23, 2018, Gustavo-Hernandez and the others planned to rob Daniel Perez at a business complex on Blue Springs Road near North Cobb High School. Thomas set up the robbery and was meeting Perez to buy marijuana from him. Surveillance footage from that night showed Thomas approaching Perez's truck while Hernandez-Ortiz hid behind a nearby vehicle with a handgun.
As Thomas and Perez spoke, Hernandez-Ortiz ran up to the car, racked the gun and shot Perez in the back of the head.
Perez, a father of three, later died from his injuries.
"Thomas and Hernandez-Ortiz fled the (sic) to the getaway car where Brittani Hernandez, Charlton Kariuki, and Maria Mungai were waiting to pick them up," the DA's office said. "Kariuki, Mungai, and Brittani Hernandez testified at trial that the murder was not part of the plan, and that Gustavo Hernandez-Ortiz stated 'I shot him, I shot him' when he returned to the vehicle."
Evidence at trial showed Kariuki had provided the gun and ammunition used, the DA's office said.
"This is a tragedy all around," said David Williamson, the assistant district attorney who led the prosecution. "Daniel Perez was a hard-working father of three young children who was killed for absolutely no reason. We have countless friends and family of both the victim and the co-defendants whose lives are forever changed — all because of bad choices made by some really young people. The jury in this case rendered a verdict that sent a message that this type of senseless criminal behavior will not be tolerated in Cobb County."
ADA Donna Merrell, who assisted with the prosecution, called the case "a total loss of potential, and it's justice without satisfaction."
Thomas was sentenced to life in prison, Kariuki was sentenced to 40 years to serve 17 years, Brittani Hernandez was sentenced to 20 years to serve 6 years, and Mungai was sentenced to 20 years to serve 2 years. The trial was delayed due to the pandemic.
Per the DA's office, Perez's father, Tobias Perez, addressed Hernandez-Ortiz at the sentencing.
"I just ask that you reflect and straighten out your life," Tobias Perez reportedly said. "You damaged it at a very young age. I hope that God will forgive you, on my part I have forgiven you, I just hope that you become a good man for society."
