Judge Roger Prokes denied probation for Jorge Saavedra Perez in court Thursday as he appeared before him for sentencing after previously pleading guilty to voluntary manslaughter.

Perez had been charged in connection with the shooting death of Alejandro Hernandez in December 2007 at the Mandarin Restaurant in Maryville.

After hearing arguments from Lawrence Kinnamon, Perez's attorney, and Nodaway County Prosecuting Attorney David Baird, Judge Prokes sentenced Perez to 12 years in prison.

During court proceedings Perez asked, through his interpreter, why he had been given the 12-year sentence. Judge Prokes explained Perez was first charged with the class A felony of second degree murder, which carries a sentence of 10 years to life in prison. The class B felony charge of voluntary manslaughter, for which Perez pleaded guilty, is punishable by five to 15 years in prison.

“While the court did not follow the State’s recommendation that the defendant receive the maximum sentence in causing the death of the victim in this case, the State and the family of the victim are pleased that Perez will serve a substantial period of time in the Department of Correction before being eligible for parole,” Baird said.

The testimony of the State’s key witness was that Hernandez initiated the assault at the Mandarin Restaurant by striking Perez in the stomach; however Perez’s response of shooting Hernandez resulted in his receiving the sentence.

“Notwithstanding the actions of the victim, we argued to the court that the response by Perez was inappropriate, made him guilty of voluntary manslaughter and required a sentence to the Department of Corrections,” said Baird.

Baird previously confirmed Hernandez had ongoing physical and verbal confrontations with Perez prior to and on the day of the incident. In addition, evidence established that Hernandez initiated a physical assault on Perez immediately before the shooting. It was also admitted that Hernandez had a knife in his hand during the confrontation, but it was disputed whether the knife was in the victim's hand at the time of the shooting.

During the confrontation between the two men, Perez shot Hernandez in the shoulder, but the bullet transected the body and struck Hernandez in the chest –– resulting in his death.

Perez was remanded to the custody of the Nodaway County Sheriff's Department for delivery to the Department of Corrections to serve the penitentiary sentence.