Oscar Perez Jr., the Greeley teenager who pleaded guilty to the 2023 murder of 18-year-old Nasier Graham and injury of then-16-year-old Gabriel Ballesteros, has been sentenced to more than four decades in prison.
“He is a violent and dangerous coldblooded murderer,” said 8th Judicial District Court Judge Daniel McDonald during the sentencing Thursday. “That is what he is. The harm he has caused to others is immeasurable, it can not be compensated.”
A banner with a photo of Nasier Graham is displayed during a sentencing hearing for Oscar Perez Jr. Thursda in connection to a shooting that killed Graham and injured another teenager. (Jenny Sparks/Loveland Reporter-Herald)Perez, 17, appeared before McDonald at the Larimer County Justice Center in Fort Collins, several months after he entered a guilty plea to second-degree murder, a class 2 felony; two counts of attempted second-degree murder, a class 3 felony; and menacing, a class 5 felony. He was originally charged as a juvenile, but McDonald moved the case to adult court after a three-day transfer hearing last summer.
Perez is the last of three teens to be sentenced for the shooting, which took place in two portions of a Loveland apartment complex. Graham was shot and killed at his car, which the group tried to steal before crashing into another car then shooting and injuring and Ballesteros, who on the other side of the complex while spending time in a car with his girlfriend.
One of the teens, who was never publicly identified, pleaded guilty to manslaughter, a class 4 felony, with a sentence enhancer of being an aggravated juvenile offender and was sentenced in June 2023 to four years in the Department of Youth Services.
Vincent Zamora, 17, pleaded guilty in April to second-degree murder and two counts of attempted second-degree murder. He was sentenced to 40 years in prison last June.
Victim, defendant family statements
Nasier Graham’s girlfriend, Lexi Hensley, left, his mother, Tasha Graham, center, and his grandma, Yvonne Brooks, right, talk about how they feel after a sentencing hearing Thursday for one of the teens who killed Graham. (Jenny Sparks/Loveland Reporter-Herald)Throughout the three-hour-long sentencing, McDonald heard the emotionally charged statements from Graham’s and Ballesteros’ families on how the event impacted them.
Ballesteros said the “inhumane” actions of that night have completely changed who he is.
“I don’t feel like a real person anymore,” he said. “I don’t feel alive at this point. Your actions that night have ruined my whole life and I don’t think I will ever be able to get over it. Not only did we lose Nas, but I feel like I also lost myself.”
Several people offered sentiments on who Graham was and how his death has impacted them, both from those who spoke in court as well as those who wrote letters that Chief District Attorney Robert Axmacher read to McDonald.
Those statements described Graham as a bright light who brought joy to all those around him, even those he did not know.
“I will always remember Nas, and I will never forget my brother,” said Izaiah Grado, a friend of Graham.
Lexi Hensley, Graham’s girlfriend, spoke through waves of tears of a date she and Graham went on, spending time at Fort Fun and sharing a meal at Olive Garden later that night. She said he wrote about it in a book of love letters he gave to her.
“Losing Nasier didn’t just break my heart, it broke my entire world,” she said, later adding, “His presence made the world feel brighter. He was that someone. He was that special.”
Yvonne Brooks, Graham’s grandmother whose bedroom window overlooked the parking lot her grandson was shot in, said that Perez and the co-defendants knew nothing of remorse or love.
She said some day she will see Graham again, and, pointing to the sky, added, “I love you grandson.” Axmacher later revealed that throughout the hearing she was holding a clump of wax, a remnant from the candlelight vigil held in Graham’s honor.
Frederico Graham, the 18-year-old’s father, said he misses his son more than words can describe. He said he felt that Perez got a good deal in comparison, because he still can speak with his family and will one day walk out of prison.
He turned and looked directly at Perez, and said, “One day young man you are going to meet another judge and it is going to be more than 40 years.”
Throughout statements from the family and friends of Graham and Ballesteros, those in the gallery could be heard softly crying or weeping, arms of others nearby wrapped around them. As people spoke, pictures of Graham were shown on a TV, showing him at his graduation, spending time with family and friends and smiling wide.
Axmacher also presented a Mountain View High School banner from Graham’s last year playing football and read from a note he wrote about his future goals, including a long list of possible job ideas from human resources manager to millwright to cybersecurity professional. As he read these, Graham’s family could be seen smiling and laughing to themselves, sharing a brief moment of levity between the words of anguish.
Only two people spoke publicly before McDonald on Perez’s behalf, expressing remorse and speaking more about who Perez is now.
Oscar Perez Jr. listens to statements during his sentencing hearing on Thursday. (Jenny Sparks/Loveland Reporter-Herald)Oscar Perez Sr., the teenager’s father, focused his remarks on the victims and families that were gathered, speaking directly to them.
He apologized numerous times, adding that he had told his son to stay home that night and wishes that he had listened.
“If I could change everything I would,” he said. “I would give my life for your son’s life. But I can’t. I wish I could go back and change it but it’s too late, and I’m sorry.”
Chris Hill, who said he was Perez’s uncle and pastor, also gave condolences to the victims’ families, but said that he believes that Perez has a good heart and feels deep remorse for what happened.
“He himself is not an evil kid,” he said. “He has done some bad things but since I have been with him he (shows) his remorsefulness for this and has repented.”
Lawyer arguments
Axmacher described what happened not just as one night, but a series of acts that led Perez to the Brookstone Apartments that winter night. He said five days prior to this, he and another person tried to carjack a woman in Fort Collins, threatening her with weapons and smashing in her windshield.
Two days after that, Perez and the co-defendants stole ammunition from Scheels in north Johnstown, the same ammunition that was used the night of the shootings. It was this trip, he said, that led police to identify the shooters through the truck captured in security footage.
The night of the shooting, the teens practiced firing weapons and did drugs, he said, bringing masks with them as they attempted to find a vehicle to steal.
Axmacher added that Perez was a leader of the group that night, something he said was confirmed by Zamora and the other co-defendant in the case.
He said that Perez’s pre-sentence investigation showed a lack of accountability, saying the teen said he “let shots off” when describing the shooting.
“As if the gun itself is the thing that fires and he let it happen,” he said. “No your honor, this use of passive voice shows little accountability. Truth is he … executed a valued member of this community.”
Ultimately Axmacher requested McDonald accept the agreement and sentence Perez to 40 1/2 years in prison.
“This case is proof that evil exists in this world. This is not a matter of immaturity, it is not a matter of youthful indiscretion, it is not matter of intoxication, it is not a matter of bad friends. Evil was truly at play that evening,” he said. “But we as a community, as a court system, as victims, we refuse to become evil ourselves in order to destroy the evil that is in the world. Despite the tremendous pain and loss the defendant caused, you have seen today and I believe that good will prevail. You saw the dedication of those investigating this case, you saw the strength and the love of (those involved). This won’t go away in a day. It will never go away, but it will get better.”
Matthew Landers, Perez’s attorney, began by saying that his client took the plea deal because he wanted to spare the families from having to go through a lengthy trial and to take responsibility for what happened.
“Words ring hollow when trying to express the depths of the tragedy that has resulted from what occurred two years ago,” he said. “It is a tragedy that is experienced by all the families who are present in the courtroom today. There is nothing we can say that will change what occurred, but I think it is important to highlight the remorse, the accountability, (he) has taken.”
Despite the effort of Perez’s parents, Landers said, the teen ended up being influenced by gang activity near where he lived, admitting that he was trying to prove himself to them.
He said that since being in custody, Perez has worked to complete his high school education despite learning deficits and still has a bright future ahead of him.
“This isn’t a circumstance where he is a one (-dimensional) monster,” he said. “This is somebody who has a lot of skills and things that can benefit eventually when he reintegrates back into the community.”
Speaking on his own behalf, Perez said that he pleaded guilty to the crimes against him that night because he is guilty of committing them.
“I often wonder what it is like to be dead and wonder why I am still alive,” he said.
He apologized to the victims and their families, adding that in the future he wants to work to become more compassionate and have more empathy so this doesn’t happen to others.
“Once again, I am very sorry for what I have done,” he said as his family could be heard crying behind him.
McDonald’s ruling and final thoughts
McDonald began his ruling by commending the strength and tenacity of the victims and their families, saying that he particularly appreciates the Grahams for speaking about the 18-year-old so he could learn more about him.
While looking at the case, he was struck by the dichotomy between Perez and Graham particularly.
“It is clear to me that both of them are leaders,” he said. “Nasier was a leader and made people around him better. Oscar was a leader and made people around him worse.”
He accepted the plea agreement and sentenced Perez to 40 1/2 years in the Colorado Department of Corrections.
In closing, McDonald offered hope to the victims and their families that they can move on from here and continue their lives. He also said he hopes Perez can find redemption someday, but until then hopes that he is “haunted” by his actions.
Following the hearing, Graham’s family and loved ones said this result has been a long time coming but that they didn’t want this incident to define the loss.
“We want Nasier to be remembered as Nasier, not a case,” said Najah Graham, his sister.
Frederico Graham said that he was not truly satisfied by the outcome but was appreciative for those who were involved in bringing the case to justice.
He also said he has a deep appreciation for everyone in Loveland who helped bring the defendants forward and get the case to a close, adding “without them we wouldn’t be where are are at.”
When asked how he wanted his son to be remembered, he recalled a story from years ago when he and his son went to get a haircut. In talking to his son that day, he said there were plenty of opportunities in life for him to have chosen a bad path forward, but he didn’t. The older Graham said he asked why; he said his son responded that it was because of his last name that he wanted to follow a good path in life.
“He was the best thing that ever happened to me,” he said. “And he was really on his way to touching the world.”
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