Man convicted in Janessa Ramirez's death asks court for new sentence

FRESNO, Calif. (KFSN) -- A new state law will soon take center stage in a Fresno County courtroom. Case information reviewed by Action News reveals that Brian Cooks is using a 2022 reworking of the penal code to ask for a new sentence.

"The felony murder rule used to be that if you're committing a felony and somebody's killed, you could be found guilty of first-degree murder. The Supreme Court has said that's not right," Action News Legal Analyst Tony Capozzi said.

It comes nearly six years after Cooks first learned he would spend 21 years in prison for manslaughter.

"There's not enough time that Cooks could ever serve that's gonna bring Janessa back," then Fresno Police Chief Jerry Dyer said after the sentencing on March 5, 2018.

Cooks was 22 years old -- and already a convicted felon -- when Fresno Police said he fired one 9mm round at a rival gang member in 2015.

But that bullet hit and killed Janessa Ramirez. The nine-year-old was shot in the stomach as she stood in front of a West Central Fresno laundromat with her mom, Stacey Gonzales.

"She was, and she is my best friend," Gonzales said in court during sentencing. "And yet she'll be forever nine."

In a 2015 jailhouse interview with Action News, Cooks apologized for what happened and said he was acting in self-defense.

"I just want to say sorry to the family, and I really appreciate that they forgave me, you know, if I did or if I didn't do it," he said.

Prosecutors first charged Cooks with second-degree murder. But that later became a lesser manslaughter count when Cooks pleaded no contest to the charges against him.

Now, Cooks could qualify for a new sentence under SB 775, but Capozzi says it will be an uphill battle.

"The question the court will have to answer: Was he a major participant, and was he shooting a gun in reckless disregard for the people in that area," Capozzi said. "This new law gives him the opportunity to have a hearing to make that determination."

Action News reached out to the Bay Area state senator who authored the SB 775 law for comment on the legislation and its effects. He did not comment.

A judge will consider Cooks' request on March 20.

For news updates, follow Gabe Ferris on Facebook, Twitter and Instagram.