UPDATED Rochester shooter pleads not guilty
BROCKTON — Rochester resident Cody Perry pleaded not guilty to charges including assault with the intent to kill during his arraignment on Monday, July 17.
The arraignment was continued to Wednesday, September 6 due to Cody Perry seeking new counsel.
Cody Perry of Rochester was arrested on April 7 after shooting Mattapoisett resident Justin Doberck. He is currently being held at Plymouth County House of Corrections without bail.
He told police that Doberck was a “big dude” and that he threw him to the ground, according to reports.
“When I fell, I shot,” Cody Perry told police.
Doberck was transported to St. Luke’s Hospital in New Bedford where he was pronounced dead at approximately 10:15 p.m., according to Rochester Police Department reports.
According to prosecutor Jessica Croker, during the argument Cody Perry claimed that Doberck “threw him to the ground, tried to swing at him and that the gun accidentally went off.”
Cody Perry pleaded not guilty to the charges of alleged assault with the intent to kill, alleged unlawful discharge of a firearm and alleged aggravated assault by the means of a dangerous weapon.
Cody Perry’s defense attorney Devin McBride asked Judge William White if Cody Perry’s bail could be set to $20,000.
“He is a former Marine your Honor,” said McBride. “He has no prior criminal history.”
McBride also stated that he is “seeking to appoint counsel,” for Cody Perry as following Monday’s hearing, McBride will no longer be Cody Perry’s attorney. McBride did not yet respond to comments as to why he is seeking other counsel.
Croker argued that Cody Perry should remain in custody without bail due to the nature of his charges; she also described Cody Perry as a “flight risk.”
Croker said that Cody Perry has family ties to the Philippines and was only staying at his family’s home in Rochester “temporarily” when the shooting occurred.
Judge William White decided that Cody Perry will be held without bail until the continuation of the arraignment.