Updated: Rochester man sentenced to state prison after fatal shooting of sister’s boyfriend
ROCHESTER — After being found guilty on criminal charges relating to the deadly shooting of his sister’s boyfriend, Rochester resident 36-year-old Cody Perry was sentenced to eight to 10 years in state prison on Friday, March 14.
The shooting victim, 41-year-old Justin Doberck of Mattapoisett, was allegedly an abusive partner to sister Haley Perry, according to statements made by defense attorney Dan Pond and both the Perry siblings.
In his trial, Perry pleaded not guilty to charges of voluntary manslaughter and assault and batter with a deadly weapon causing bodily injury.
The shooting occurred on April 7, 2023 following an argument at a bonfire between Doberck, Cody Perry and Haley Perry.
Rochester Police reports state that Perry told officers “he was in fear of his and his sister’s safety.”
Perry went to his residence and retrieved his legal firearm from a safe following alleged threats from Doberck toward him and his sister.
He claims that Doberck tackled him to the ground which caused the firearm to involuntarily shoot. Only one empty shell casing was on the ground at the scene.
“When I fell, I shot,” said Perry to the police.
Perry stayed at the scene of the crime until Former Rochester Police Sgt. Nathan Valente arrived at approximately 9:34 p.m. He willingly handed over his firearm to the officers and was arrested without incident.
Once authorities arrived, Valente attempted CPR on the victim and Doberck was rushed to St. Luke’s Hospital in New Bedford where he was pronounced dead.
When interrogated by Rochester Police, Perry said he “did not like what happened and did not want what happened to happen, but it was a crazy situation.”
The Rochester Police Department did not provide a comment on the case at this time.
Perry was held at Plymouth County Correctional Facility without bail since his detainment in April 2023.
Assistant District Attorneys Daniel Higgins and Jessica Croker prosecuted the case with Pond defending Perry.
During a pretrial conference in September 2023, Pond argued that Doberck had a “history of violence and abuse” toward Haley Perry, stating that this case was “an accidental shooting where the primary aggressor was the deceased.”
The prosecution rebutted these claims by stating that Doberck was a “loud” character and was “in good spirits” on the night of the shooting.
“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 during the pretrial conference.
The defense maintained that the abuse of Haley Perry was more relevant than the prosecution claimed.
“Mr. Doberck was making violent threats and saying frankly disgusting things to Mr. Perry and Ms. Perry,” said Pond.
Croker, Higgins and Pond did not provide comment on the case at this time.
The commonwealth requested “a period of incarceration of 18 to 20 years” in state prison for Perry, according to a press release from the Office of the District Attorney.
The Plymouth County District Attorney sentenced Perry to eight to ten years in state prison on Friday, March 14.