“This man no longer deserves the right to breathe the same free air as you, your families, or the other citizens of Matagorda County,” District Attorney Steven Reis told the jury.
“You should keep him out of this community for the rest of his life,” the prosecutor concluded before taking his seat.
The jury apparently felt the same.
Twenty minutes later, Anthony Deshawnti Perry (50) was sentenced to two life sentences in prison.
A jury of 7 women and 5 men listened as Perry’s ex-wife Onatha (Perry) Banks described how the defendant threatened
See Assault, page 5
her with a 9mm handgun on October 25, 2020.
According to documents introduced during the trial,
Perry had been convicted of a felony offense early in 2020, was on parole, and wasn’t legally permitted to possess a firearm.
These facts led to Perry’s indictment for two felonies: aggravated assault with a deadly weapon and unlawful possession of a firearm by a felon.
Former Bay City Police Department (BCPD) dispatcher Emma Burden told the jury she received a 911 call from Banks who said she had been threatened by her ex-husband and was at the Bay City H.E.B.
Burden dispatched officers to investigate. BCPD Officer Ruben Gutierrez went to H.E.B. and spoke with Banks.
Banks tearfully told Gutierrez she had been calling 911 from inside the women’s restroom.
Banks testified that she tried to get a janitor to call the police, “but I don’t think he understood me.”
According to Banks, Perry had taken the car keys and her cell phone from her before leaving Brazoria County. “But he didn’t know I had an emergency cell phone,” she explained.
Using that phone, she made the emergency call.
Gutierrez told the jury he thought Perry might still have a weapon on him. He went inside the store, detained Perry and took him outside where another officer questioned him.
Gutierrez activated his body camera and recorded the conversations between officers with both Perry and Banks.
BCPD Sergeant Dan Shook asked Perry about the firearm. On the recording, Perry told Shook, “I’m just taking it back to the person that let me borrow it.”
Banks testified that Perry first threatened to kill her but later said he was going to “pistol whip” her as they drove from Brazoria County.
“He pointed the gun at me,” said Banks during the recording which was shown to the jury, “he said he was going to shoot me.”
After retrieving the car keys from Perry, Shook said he searched the car which belonged to Banks and found a 9mm handgun tucked between the center console and the driver’s seat.
Perry had been the driver according to Banks.
After learning from Banks that Perry was on parole, Shook directed that the defendant be placed under arrest and charged with the assault and the weapon possession offense.
During trial, the jury was shown a photograph of the defendant holding a similar-looking handgun to his own head. Banks said he texted that photo to him.
Banks also took photos of text messages on Perry’s phone which indicated Perry intended to kill Banks.
All these photos were admitted into evidence and shown to the jury during questioning by Assistant District Attorney Lindsay Deshotels.
BCPD Identification Officer Donna Pruitt testified that there were no usable fingerprints on the handgun which was then introduced into evidence along with the bullets which had been loaded in the gun’s magazine.
After all witnesses concluded testimony, prosecutors Reis and Deshotels explained that Banks’ testimony was supported by the earlier threatening text messages and statements which had been made by Perry.
Perry had been convicted of a felony only months before the new offenses. That earlier conviction was of an assault against this same victim, said prosecutors.
“He sends messages with a gun,” said Reis, “and those messages are clearly threats.”
After reviewing the video recording and other items of evidence, the jury found Perry “guilty” of both charges.
After being found guilty, the defendant pled “true” to allegations that he had been convicted of two prior felony offenses.
Wednesday afternoon, Banks described to the jury what Deshotels called a “tumultuous relationship.”
Over a course of nearly 17 years, according to Banks’ testimony, Perry physically, mentally, and sexually assaulted her.
“Why didn’t you leave him?” asked Deshotels.
“Because I loved him,” said Banks, “and he always told me he was sorry.”
Reis recalled Pruitt to identify that the defendant had been previously convicted of six prior felonies which included assaults, tampering with a witness, evading the police, and drug dealing.
During final summations, appointed defense attorney Marc Nolan asked the jury to consider sentencing Perry to the minimum of 25 years in prison.
Deshotels encouraged the jury to refrain from judging the victim’s life decisions and, instead, focus on the bad character of the defendant.
Reis, pointing to what he referred to as Perry’s “resume of crime over a period of more than 20 years” told the jury that only maximum punishments for both offenses would be appropriate.
The jury, in returning two life sentences, agreed.
23rd Judicial District Judge Ben Hardin pronounced the maximum sentences prior to Banks delivering a victim impact statement in the open courtroom
She spoke of how the years of abuse by the defendant had adversely affected their teenage daughter’s relationship with both of them and to have trust issues with others.
“This is very heartbreaking,” she said to Perry, “because she has replied to me several times that ‘We did this to her!’”
Banks concluded her statement by hoping that the resolution of this case after more than three years would bring closure and healing.
“What doesn’t kill me,” she finished, “will make me stronger.”
Glaring at Banks, Perry was led from the courtroom to the Matagorda County Jail where he will await transfer to prison.
Asked what the two life sentences will mean, Reis explained “both sentences will run concurrently – at the same time; the defendant will not be eligible for parole consideration until he has served at least 30 years from the date of his initial jailing in October of 2020.”
“He’ll be about 77 years old by the time he is first eligible for parole,” said Reis, “that will make our community just a bit safer from him until the year 2050.”