Posted at 11:06 AM on Tuesday, Dec. 22, 2009
By Pablo Lopez / The Fresno Bee
A Fresno man was sentenced this morning to 11 years in prison in connection with the death of his girlfriend in May 2008.
Marcell Perry, 40, said nothing in Fresno County Superior Court when his sentence was announced.
Two weeks ago, he pleaded no contest to voluntary manslaughter in the death of Denise Newton, 46, who died of blunt-force trauma to her head.
As part of a plea agreement, Perry agreed to 11-year prison sentence and waived his right to appeal, said attorney Michael Aed, who represented Perry.
If Perry had chosen to stand trial, he would have faced a charge of second-degree murder, which carries a penalty of 15 years to life in prison, if convicted. At trial, a jury would have learned of his history of domestic violence, Aed said.
“He maintains is innocence, but he didn’t want to take that chance of being convicted,” Aed said.
Newton was found dead May 7, 2008, inside her southeast Fresno apartment on Huntington Avenue near Peach Avenue. Perry shared the home with Newton but also stayed with another woman, police said.
Newton's death was initially classified as suspicious because she had no visible injuries other than a bruise on the right side of her head. Police also said there was no sign of forced entry into the home, or of a struggle.
Her death became a homicide once an autopsy showed a brain hemorrhage, detective Richard Byrd testified at Perry’s preliminary hearing in July.
Perry found Newton dead inside her apartment and called 911, but hung up before talking to anyone, and left the apartment before police arrived, Byrd testified.
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