'Killed him over drugs, money, jealousy,' judge says to trio involved in killing of Mitchell man

Sep. 15—MITCHELL — Emotions were heavy on Wednesday for the family of a victim who was shot and killed in downtown Mitchell, as they watched all three suspects involved in killing their loved one receive prison sentences.

Among the trio of suspects who played a role in the killing of Adalberto Ferrer-Machado, it was the triggerman, Luis Javier Perez-Melendez, who received the stiffest sentence for shooting the 38-year-old man seven times Jan. 9, 2021 inside of his downtown Mitchell apartment. Perez-Melendez, 29, of Huron, was handed down a 75-year prison sentence on Wednesday for first-degree manslaughter, a Class C felony that carries a maximum sentence of life in prison.

"You killed him over drugs, money, jealousy and because you were angry. The part I keep coming back to is you shot him seven times. I can't get around the fact you shot him seven times," Judge Chris Giles said to Perez-Melendez, who was in shackles and a jail uniform. "It's clear you wanted him dead."

Prior to receiving the recommended 75-year prison sentence that was part of a plea agreement with state prosecutors, Perez-Melendez gave a lengthy statement that had both an apologetic tone and provided his account of the events that motivated him to shoot and kill the victim.

"It's sad. My heart is full of pain. I've cried and suffered," an emotional Perez-Melendez said during his hearing. "He (Ferrer-Machado) took my partner to a bar, and she was drunk. He helped give her drugs. He was my friend. I repent... I ask for forgiveness to his beloved family."

While Assistant Attorney General Katie Mallery, the lead prosecutor in the case, said Jose Morales-Acevedo, 28, broke into the apartment with Perez-Melendez before the fatal shooting and witnessed the entire incident, he was sentenced for second-degree robbery — a much lesser charge than the murder charge he initially was facing.

As part of a plea agreement, Morales-Acevedo pleaded guilty to second-degree robbery, a Class 2 felony that carried a maximum sentence of up to 25 years in prison. However, the plea deal he struck resulted in a 25-year prison sentence with 12.5 years suspended.

Prosecutors alleged that Morales-Acevedo had a bigger role in the shooting than what the defendants told investigators. Mallery cited video footage showing Morales-Acevedo exchanging words with Yanitza Ortiz, the third suspect charged in the incident, as she was browsing at firearms she purchased from a Mitchell retail store, as one example he played a larger role.

"He acts he didn't know where they were going. That's not true. Those guns were purchased for him. He and Luis both showed up (Ferrer-Machado) house with guns," Mallery said of Morales-Acevedo, who she alleged consistently lied throughout the investigation to "minimize his role."

During his statement, Morales-Acevedo maintained his claim that he had no knowledge of the intent behind Perez-Melendez's plans of breaking into the victim's apartment. At one point on Wednesday, Morales-Acevedo dubbed himself as a victim in the incident.

"I feel that I was not involved. I feel like I was a victim. I'm a good father, and I'm a good son," Morales-Acevedo said, adding that he was "sorry to everybody."

Prior to pleading guilty to the robbery charge, Morales-Acevedo attempted to suppress evidence from his testimony immediately after the shooting, claiming his Miranda rights were not properly read to him in Spanish language. Judge Giles denied the suppression of evidence motion. During Wednesday's hearing, Morales-Acevedo gave his closing statement in English.

Judge Giles indicated that he was skeptical of Morales-Acevedo's claim he had no knowledge of what he was getting into when he decided to go to the victim's apartment with an armed Perez-Melendez.

The third suspect charged for playing a role in the shooting was Yanitza Ortiz, 23, of Mitchell, who received a sentence of 10 years in prison with two years suspended for each felony drug charge. Prosecuting attorneys pointed to Ortiz as a "drug dealer," who was operating a meth drug ring in her Mitchell home.

She was initially charged for aiding and abetting the January 2021 shooting, however, Ortiz pleaded guilty to possession of a controlled substance (methamphetamine) with intent to distribute and possession of a controlled substance in a drug-free zone with intent to distribute — as part of a plea agreement that dismissed the aiding and abetting charge.

All three defendants received credit for serving 612 days in jail.

As new details of the events that motivated the killing of the victim emerged throughout each defendant's hearings on Wednesday, it was clear that methamphetamine, owed money and a love affair between Ortiz, Perez-Melendez and the victim, played a role. As Mallery put it, "out of revenge" for sleeping with his girlfriend, Perez-Melendez felt that "Adalberto had to die."

"(Perez-Melendez) knew (Ferrer-Machado) slept with Yanitza (Ortiz). That's also why he went there. He was angry that Adalberto (Ferrer-Machado) used a syringe in Yanitza's arm and that he owed him money," Mallery said of the events leading up to the shooting. "One of the shots was in the head while he was laying down."

Morales-Acevedo's attorney, Richard Rylance, emphasized Perez-Melendez's admission to killing the victim as the most vital fact of the case that should separate prosecutors alleged claims Morales-Acevedo played a larger role in the shooting.

Rylance revealed key details of the how the shooting unfolded while Morales-Acevedo and Perez-Melendez were in the victim's apartment, which stemmed from an argument that Rylance claimed Morales-Acevedo attempted to de-escalate and nearly was shot himself.

"At the end of the day we know this: Luis has admitted to killing the victim. One of the things Luis mentions is Jose tried to stop him from getting in an argument with the victim," Rylance said. "Luis pointed a gun at him (Morales-Acevedo). I know there is a hole in the family, but Luis did that, not Jose."

Sylvia Ferrer, an aunt of the victim, had choice words for the trio, calling them "cowards" and "piece of trash." As she pierced her eyes over at Perez-Melendez during his sentencing hearing, Sylvia said she hoped "the rest of your days are as black as the night."

"You killed a son, a father and a brother. When sentencing this piece of trash, I want you to think of us, your honor," Ferrer said during Perez-Melendez's hearing.

Adalberto Ferrer Soto, the father of the late Ferrer-Machado, spoke of the "good person" his son was and iterated he will never have the opportunity to be with him again. He urged the court to impose the maximum sentence for all three suspects, who he characterized as "criminals with no compassion."

"My son was assassinated. My son went to the U.S. and South Dakota for a better future to sustain his kids. I never thought some criminals would go to his apartment and shoot him in his body and head," an emotional Ferrer Soto said. "We will never be able to be with him."