Judge sentences Fresno man in double murder case, saying killings were ‘senseless’

A 26-year-old Fresno man was sentenced to life in prison without the possibility of parole Thursday for fatally shooting two of his friends in the Woodward Lake neighborhood in 2017 .

Gary Perry was found guilty on May 10 of two counts of first-degree murder for the deaths of Brennen Fairhead, 21, and Scott Gaffney, 21, and guilty of attempted murder of Michael Rackley.

Before being sentenced, Perry spoke, saying he was sorry for what he had done and for causing pain to the families of the victims. He said he was mentally and emotionally broken at the time of the murders but that he is now getting the help he needs.

“I pray that the sentencing today gives you some closure,” he said.

Detectives said Perry killed Fairhead and Gaffney after returning from a drug deal near Fresno State on Dec. 14, 2017. Perry told police he killed Fairhead by accident using Fairhead’s own gun, a Glock 26 with an illegal 33-round magazine. He gunned down Gaffney and shot at Rackley because they were witnesses, he said.

In sentencing Perry, Judge Brian Alvarez said he was perplexed by the murders, calling them “senseless.”

“This leaves us with many questions as to why this happened,” the judge said. “We don’t know, only Mr. Perry knows and I don’t know an answer will satisfy anyone.”

The judge denied a request by Perry’s attorney Emily Takao to strike the sentencing enhancements. Takao argued that Perry deserved some leniency given he has no criminal record and admitted to the crime early in the investigation.

Deborah Miller, chief deputy district attorney of the homicide unit, strongly objected to the request.

“Even if you accept his statement as true, that he accidentally shot Brennen Fairhead, he also took the life of Scott Gaffney so there weren’t any witnesses and he tried to take the life of Michael Rackley so there weren’t witnesses,” Miller said. “He also made sure Brennen Fairhead was dead after he took him out of the car and shot him in the back. These are the actions that were deliberate. This is not a situation where the defendant should receive any grace.”

Family members of the victims also attended Perry’s sentencing, including Fairhead’s mother Gwen Fairhead, who read an emotional statement about the tragic loss of her son and the effect it had on her life.

Fairhead cried at times as she described to the judge the bond she had with her fair-haired son. She raised him in a religious environment where going to church was a priority. She wanted him to learn the values of treating people with kindness, respect and empathy, virtues he would later demonstrate as he grew older.

She said he volunteered at the Poverello House, was a source of emotional support for his friends and loved to compete in wrestling.

But Brennen also hit a rough patch during his teenage years. He became withdrawn, grumpy and would spend more time with his friends than at home.

At some point, he also became involved with drugs and later befriended Perry at the urging of Gaffney, she said. She was thankful he was sober several months leading up to his death.

The night Brennen died her world changed forever. She has struggled with depression, anxiety and thoughts of suicide. She doesn’t keep up with the news, it’s too much for her. But she also knows that her son would not want her to give up.

“Brennen loves me, he wouldn’t want me to live like this forever,” she said. “I have to say to myself, ‘I will breathe deep. I am grateful for those that love me, I am grateful for my life. I will search for a purpose.’”

Gaffney’s mother, Marlene Gaffney, provided a letter to the court that was ready by prosecutor Miller.

In the statement, she said her son had known Perry for years and encouraged his circle of friends to welcome Perry. They did so reluctantly, she said.

Marlene Gaffney described her son as caring person, who would look out for his friends and those down on their luck. It didn’t surprise her that Scott would on occasion buy meals for people who were unhoused.

Prior to his death, she and Scott were making plans for him to join her in Arizona where she moved to take care of her elderly father. And like Fairhead, Gaffney was also battling drug addiction and wanted to get clean.

“He wanted another life path, he wanted to go to college,” she said in her letter. “He wanted to make something of himself.”

Marlene Gaffney bought his ticket and booked his flight for Oct. 17, 2017. He missed the flight.

“That would be a fatal error,” she wrote. “It was decided another flight would be booked after the first of 2018. But this never came to fruition. Sixty two days after he should have been here in October. He was dead.”

Marlene Gaffney said the death of her son has also taken its toll on her. She became depressed and didn’t venture out of her home, let alone her bed. She gained weight and developed some serious health issues, including high blood pressure.

She also urged the judge in her letter for the maximum punishment for Perry.

“Somehow Gary thinks he is the victim in this,” she wrote. “Perry isn’t 5150, he is evil with no moral compass. If his friends aren’t safe around him, how is the public going to be safe around him.”