Ferrante released from custody, awaits District Court
Fabian Ferrante, a suspect in the July 5 shooting case, was released from custody on his own recognizance after his court appearance on Wednesday, Dec. 10.
“This is complex, which is why we have a weird negotiation,” added Senior Deputy District Attorney Keith Brower during the final moments of the pretrial hearing.
As part of the own-recognizance release and an imposed but stayed 180-day jail sentence from Justice of the Peace Kirk Vitto, Ferrante must stay out of trouble, make all future court appearances, abstain from drugs and alcohol, and have no contact with the victim’s family or any other defendants in the case.
“You want the defendant released to his own recognizance?” Vitto clarified after Brower explained the release method.
The deal at District Court
Ferrante faces one charge of accessory to murder after the fact, but at Wednesday’s hearing that charge and its corresponding case were bound over to District Court, where he will enter a guilty plea to attempted accessory to open murder. Ferrante will stipulate the felony treatment and agree to probation.
“If he successfully completes probation, he’d be allowed to withdraw his plea and plead to the gross misdemeanor portion or be sentenced on the gross misdemeanor portion with credit for time served,” Brower told Judge Vitto when explaining the deal.
A “fictitious” charge
Although Ferrante’s charges in the Joey Perry murder case are set for District Court, Brower explained that there are currently scheduling issues for a date.
“We’re also asking that Mr. Ferrante plead to a count two, which would have to be added today for misdemeanor obstruction,” Brower further explained.
In order to have Ferrante released on his own recognizance, he pleaded guilty to a “fictitious” obstruction charge (added-on charge not based in any real evidence, simply for administrative purposes) that won’t have any effect on his accessory to murder charge.
“But he’d be under the auspices of the State of Trouble Clause on the misdemeanor plea?” Vitto further clarified.
Brower responded by saying, “Correct. That’s the reason for the plea, Judge.”
This “fictitious” obstruction charge is what allows the court to impose supervisory conditions for an own-recognizance release while Ferrante waits for District Court.
“So, it’s a little convoluted, Judge, but we’re adding the one misdemeanor charge just because we understand that we’re going to have an issue with district court appearances,” Brower said during the hearing.
Brower further noted that since the investigation is still ongoing, if any new evidence presents itself in the case, the state can still pursue those avenues related to the murder charge.
“They have their position, we have ours, and we will raise any type of issues that we see if a new complaint is filed relating to these offenses,” said Ferrante’s attorney, Ava Bravo, as the deal was being explained alongside Brower.
This new “fictitious” misdemeanor obstruction charge will be dismissed once he enters his plea in District Court (or even before the first hearing date), provided he stays out of trouble. Ferrante also waived his right to a preliminary hearing in Justice Court as part of the deal.
Background
After Joey Perry was killed at Ian Deutch Memorial Park on July 5, Nye County Sheriff’s Office detectives identified Ferrante as a person of interest in the incident. On July 8, Ferrante was released after being interviewed by investigators, due to there being inadequate evidence connecting him to the crime.
An arrest warrant was obtained after further investigation identified his alleged involvement in the case. Ferrante was then arrested and booked into the Nye County Detention Center on October 10.
Future proceedings
Ferrante is set to appear in District Court on January 5, 2026. Previously arrested suspects in the July 5 case, Carlos Blakely and Anthony Aguilar are also set to appear in District Court in January 2026.
Contact reporter Elijah Dulay at edulay@pvtimes.com
