Around Osceola
Osceola News-Gazette

Follow Us On:

St. Cloud man found guilty in 2013 infant death

Posted on Thursday, July 13, 2017 at 4:20 pm

By Ken Jackson
Staff Writer

A jury has found a St. Cloud guilty of first-degree murder for killing his own son in a sleep-deprived state in 2013.

The same jury that rendered the verdict Thursday will reconvene Monday to decide whether Larry Perry, 33, should get the death penalty for killing his son, Ayden, just 3 months old at the time of the Feb. 13, 2013 incident. The trial was delayed for months as the state reassigned the case from Orange-Osceola State Attorney Aramis Ayala, who said she would not pursue the death penalty in any case, to Lake-Marion State Attorney Brad King, and while the defense pursued a public defender qualified for death penalty cases.

On Wednesday, prosecutors played a chilling 911 call in which a baby is moaning, and Perry is recorded saying, “I told them I couldn’t do this any more.”

A St. Cloud Fire Rescue official testified finding a bruised, swollen boy after reporting to the home, and a police investigator said on the stand that Perry, during interrogation, was calm and not upset that a child in his care had been brutally beaten.

The state also showed a St. Cloud police detective’s interrogation of Perry, during which he recounted what he did, while yawning. He said the baby’s mother had been arrested earlier in the month on a drug charge, and she was the one who was able to keep the boy quiet, but he was alone with the child that night.

After giving Ayden three bottles over the course of the evening, Perry said the boy continued screaming and crying. He proceeded to slam him against a wall, threw him on the bed, then put him on the floor and kicked him. Perry then called 911.

“I thought he was dead at first,” Perry told the investigators. “I know what I did, I deserve whatever … nobody helped me, I called 911 myself. I’m telling you, I just can’t do this (expletive) myself.”

Perry buried his head into his arms at the table during the recording. Afterward, defense attorney Frank Bankowitz offered to plead guilty to a lesser charge of manslaughter, but argued the murder charge should not stand because Perry, who chose not to testify in the case, had not slept well after the child’s mother was arrested and lacked the capacity to know what he could do, or that he could take the baby to a nearby fire station.

“This was not an act thought out,” Bankowitz said, saying it lacked the premeditation needed for a first-degree murder charge. “He just snapped.”

But the jury did not agree.