ALLEGED MURDERER FOUND COMPETENT TO STAND TRIAL

By DEBRA HAIGHT
BCR Correspondent
NILES – A Missouri man has been found competent to stand trial for the homicide of a Niles man in September 2023. Jamie Phillip Perry, 30, of St. Louis, is facing open murder and three other felony charges for the Sept. 30, 2023 death of Niles resident Luke James Botica at Botica’s home on the north side of Niles.
Berrien County Assistant Prosecutor Myrene Koch reported Monday that Perry has been found competent to stand trial. Perry had been declared incompetent last August and then received treatment in order to become competent. Perry’s next court date will be a case conference on April 2 at 8:30 a.m. in Berrien County Trial Court at the Niles courthouse. No other court dates after that have been set yet.  Perry remains lodged in the Berrien County Jail.
The four charges Perry is facing are open murder, being a felon in possession of a firearm and two counts of use of a firearm in the commission of a felony. 2023’s preliminary hearing included testimony from two witnesses.
Meanwhile, Rigoberto Gomez, 47, of Eau Claire, was bound over for trial in Berrien County Trial Court late Friday after a preliminary hearing held Feb. 25 and March 7. Berrien County Trial Court Judge Gary Bruce presided over the preliminary hearing after Judge Hosbein in Niles recused himself, and Bruce made his ruling after hearing from five witnesses.
Berrien County Assistant Prosecutor Kate Arnold said the next court dates in the case are a case conference on April 21, a status conference on May 12, and a jury trial set for the weeks of May 20-23 and May 27-30.
Gomez is facing eight felony charges, including two she added at the conclusion of the preliminary hearing on March 7. The two new charges are felon in possession of a firearm and an additional count of use of a firearm in the commission of a felony. Arnold said the jury will decide what degree of murder to possibly convict Gomez on during their deliberations.
Maximum sentences range from life in prison without the chance for parole down to consecutive two year prison terms for the felony firearm charges. Gomez remains in jail, where he has been since his arrest shortly after the incident.
Testimony at the preliminary hearing came from two people at the bar that night, Berrien County Sheriff’s Lt. Thad Chartrand, the lead officer in the investigation and Sgt. Brandon Crosby, a K-9 handler. Crosby and his dog found the gun in the location Harper said she had thrown it. They also heard from Elizabeth Harper, 43, of Stevensville, who earlier pleaded guilty to tampering with evidence and was sentenced a month ago to two years probation, 180 days in jail with credit for 84 days served, 100 hours community service, and $678 in fines and costs.