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Jury Finds City Man Not Guilty

MAYVILLE — A 12-person jury found Tyler Perez not guilty of second-degree murder and first-degree manslaughter for his role in the 2014 beating death of a 16-month-old child.

The verdict was announced less than an hour after jury deliberations began Monday in Chautauqua County Court.

Perez, 35, was indicted in March for his involvement in the death of Nayla Hodnett.

Hodnett died April 17, 2014, as the result of blunt force trauma, and an autopsy at the Erie County Medical Center determined the cause of death to be homicide.

Closing statements were made Monday before jury deliberations began. Public Defender Ned Barone, who represented Perez, did not call any witnesses to the stand.

Barone told The Post-Journal the Perez family was “ecstatic” over the not guilty verdicts. At one point while Barone addressed the media, Perez was being escorted through the courthouse hallway when he told the public defender, “I love you, man.”

Inside the the Mayville courtroom, Perez — visibly emotional — embraced Barone when the two not guilty verdicts were read.

“We believed in this case. We believed in the defense,” Barone said. “More than anything else, we felt frustrated because this case got to this point based on, what we believed, was next to nothing as far as evidence is concerned. When your client is put in that situation, it is extremely frustrating and it’s frightening. And I told the jurors it’s a frightening situation for Mr. Perez to end up in this situation based on such little or credible evidence.”

Barone praised the efforts of his defense team, who he described as the “backbone” of the case.

The three-day trial was heard in front of Judge M. William Boller.

Michael Flaherty, first assistant district attorney, prosecuted the case.

In a statement given to the media, District Attorney Patrick Swanson said, “While I disagree with the jury’s verdict, I have tremendous respect for their work and the legal process.”

“Michael Flaherty worked tirelessly on this case, and I hope his hard work is appreciated even if he was not able to secure a guilty verdict,” the DA continued. “We knew this case would be difficult from the beginning. We believed in it, but it was always going to be difficult.”

Monday’s verdict ends a five-year search for justice from the Hodnett family.

In Flaherty’s closing statements, he told jurors that he had proven his case and that it was up to them to fulfill their obligation to the law of convicting Perez.

However, Barone in his closing statement, hearkened back to his opening argument that justice for Hodnett was not Perez’s conviction.

“Tyler Perez is an innocent man,” Barone said.

Perez maintained his innocence for the last five years; he rejected a plea deal from the prosecution on the opening day of trial.

“The system worked,” Barone said afterward. “The jury worked, the system worked. The jury did their job. They were courageous, regardless of anything that was said in the community. They did their job. They based it on the lack of evidence (and) the lack of the district attorney establishing proof beyond a reasonable doubt.”

Following the court’s adjournment, Barone, while acknowledging the excitement from the defense and Perez, emphasized that the tragedy of Hodnett’s death is not forgotten. Throughout trial, Barone, during the defense’s statements or cross examination of witnesses, continuously told the jury that Perez was like a father to Hodnett, whom he treated like “gold.”

“Unfortunately, (Hodnett’s) death was a tragedy,” Barone said. “As good as (Perez) feels about things right now, nothing will ever replace that little girl.”

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