PLYMOUTH — Rochester resident Cody Perry, who is being charged with first degree murder for the April 7 shooting of Mattapoisett resident Justin Doberck, will continue to be held without bail in Plymouth County Correctional Facility following a pretrial conference on Wednesday, Sept. 6. 

According to police reports, Doberck had been dating Cody Perry’s sister Haley Perry for “three to four years,” and the shooting stemmed from an argument between the three people.

Cody Perry pleaded not guilty to charges including assault with the intent to kill during his arraignment on Monday, July 17. He is being charged with murder in the first degree. 

Cody Perry is under the counsel of defense attorney Dan Pond, who replaced Cody Perry’s previous defense attorney Devin McBride. Cody Perry requested new counsel during his arraignment. Pond argued that from the perspective of both Cody and Haley Perry, the “death of Mr. Doberck was an accident.”

Pond claimed that Cody Perry was concerned for the safety of his sister and that Doberck had a “history of violence and abuse” toward Haley Perry.

Pond argued that this isn’t a “typical” first degree murder case and that “this case was an accidental shooting where the primary aggressor was the deceased.”

During Cody Perry’s arraignment, he was called a “flight risk” by prosecutor Jessica Croker, and was ordered to be held without bail by Judge William White at the July 17 arraignment. 

“[Cody Perry] is simply looking for the opportunity that should be afforded to someone who is not a flight risk or a risk to the community,” said Pond, who explained that Cody Perry is willing to wear a GPS monitoring device, attend court dates and stay with his family in Rochester before the trial. 

“Although bail is permissible in a first degree murder case, given that the defendant is facing the potential of life in prison with no parole, there is an inherent risk of flight,” said Judge Diane Freniere, who presided over the Sept. 6 hearing.

Croker argued that Cody Perry should still be seen as a flight risk due to the nature of the crime and Cody Perry’s family ties to the Philippines. 

“Mr. Perry has no intent to move to or reside in the Philippines at any time, his intent is to have his family move here,” said Pond.

During the hearing, both prosecution and defense offered more details about the night of April 7. 

Croker said that Doberck was described as a “loud” character, and was in “good spirits” on the night of his death.

“To those that the Commonwealth spoke to during the Grand Jury process, everyone agreed except for Haley Perry that [Doberck] had a bark but not a bite,” said Croker.

Crocker said that Doberck allegedly made “insensitive comments” toward Cody and Haley Perry. 

“Something to the effect of: ‘Are you two going to have sex together,’” said Croker.

Pond said that Cody Perry discussed these alleged comments during his interview with police. 

“Mr. Doberck was making violent threats and saying frankly disgusting things to Mr. Perry and Ms. Perry,” said Pond.

Cody Perry’s pretrial conference has been continued to Wednesday, Oct. 25.