Inmate says he was set up

Louis Guerra told investigators he believes authorities set him up to attack Jaime Perez by placing the two in adjacent cells last week at the Curry County jail.

Louis Guerra

The allegations are contained in documents filed Monday in magistrate court, charging Guerra, 31, with felony aggravated battery with a deadly weapon and felony retaliation against a witness.

The charges stem from a June 27 attack at the jail.

Guerra was in the jail awaiting trial for the killing of Perez's brother last year. Now, he is also accused of using a broom handle to beat Perez over the head and back after jail staff placed the two in adjacent cells.

The two inmates were placed next to each other despite a request by District Attorney Matt Chandler that all witnesses for the Guerra murder trial be isolated, Curry County Undersheriff Wesley Waller said.

Waller said inmates cleaned up the scene of the attack before Chandler and the sheriff were notified almost 16 hours after the attack took place.

In the charging complaint, Curry County Sheriff's investigator Sandy Loomis said Guerra kept saying "authorities had set him up for more charges by placing Perez in his cell and asked 'What did they think would happen?'"

Loomis said he told Guerra his investigation was an attempt to determine who was the aggressor in the jail fight.

Loomis said Guerra looked at him in surprise and said "the video will show everything."

Perez told Loomis he had no idea he was being placed in the same pod of cells as Guerra "until he saw Guerra running at him from his right side to attack him."

"Perez," Loomis said in the court affidavit, "said Guerra said something about his brother during the fight."

Perez is one of the state's key witnesses in Guerra's murder trial set to begin July 16. Perez was present at a fight leading up to his brother, Daniel Perez, being allegedly gunned down by Guerra in April 2011.

Perez had witnessed the shooting and testified against Guerra, according to the affidavit.

Perez was in jail on an unrelated aggravated assault charge, his attorney, Tye Harmon said.

Jail Administrator Gerry Billy declined comment on the jail fight last week. He was out of town and could not be reached for comment on Tuesday.

According to the affidavit:

• Perez was brought to Curry County jail from the Parmer County jail in Farwell the afternoon of June 27.
• Perez was placed in cell 305, adjacent to Guerra's cell 304.
• About 8 p.m., Perez is seen on video assuming a kneeling/sitting position against a wall on a second tier between cells 305 and 306.
• A few minutes later, Guerra left his cell, is seen looking at Perez; then returned to his cell.
• A little later, Guerra again left his cell, put on a shirt, then ran toward Perez.
• A fistfight started between the two until they become locked together on the second tier floor and an inmate forced them apart.
• Perez moved to some stairs and Guerra pursued him; the two began struggling again.
• The pair were again separated by an inmate and Perez ran down the stairs. Guerra chased after him, the two struggled.
• Perez managed to make it to the first floor but Guerra grabbed a push broom and started beating Perez over the head and back with the handle.
• The broom handle splintered and broke on the first strike but Guerra kept pursuing Perez, striking him repeatedly with the handle.

Loomis said Guerra was eventually pulled off Perez and the two kept separate by inmates. The fight lasted between five and seven minutes and Perez was struck about 10 times with the broom handle, he said.

Perez was treated at Plains Regional Medical Center, returned to the jail and later transferred back to Parmer County where he remained on Tuesday.