Man convicted of killing Janessa Ramirez has sentence reduced

FRESNO, Calif. (KFSN) -- Brian Cooks, the man convicted of killing nine-year-old Janessa Ramirez, got his sentence cut down by several years.

Six years after Brian Cooks first learned he would spend 21 years in prison for manslaughter, he petitioned for a re-sentencing under a new California law.

Late Wednesday morning at the Fresno County Courthouse, the loved ones of 9-year-old Janessa Ramirez shared their emotional statements to Brian Cooks.

"My grandbaby is dead Because of some choices that Mr. Cook made on January 15th," said Victoria Posas, Janessa's grandmother. "There's not a day that goes by, I have live with grief, and mourn and loss."

In January 2015, Fresno Police said Cooks fired one bullet from a 9mm gun at a rival gang member. The bullet struck and killed Janessa, who was standing in front of a West Central Fresno laundromat with her mother.

Stacy Gonzales, Janessa's mother, addressed Cooks in the courtroom.

"You took my best friend away from me," said Gonzales, "like they said, I didn't get to see her graduate high school. I didn't get to experience anything you get to do with a daughter."

Earlier this month, Cooks petitioned for a new sentence under a California law, which allows certain people who were convicted of aiding and abetting an attempted murder or people who were charged with murder but convicted of manslaughter, can ask to be resentenced.

"It's the injustice of the law that's not only going to affect my family, but many families," said Posas.

Cooks was convicted of killing Janessa in 2018 and sentenced to 21 years in jail.

However, in court, Cooks agreed to withdraw his petition. The court decided to strike down a five-year prior enhancement, reducing Cook's sentence to 16 years.

Action News spoke to family members of Brian Cooks after the hearing.

"Nothing we say or do will bring Janessa back, but if we want justice, we must let her soul rest," said Maishell Akins, a cousin of Cooks. "We deeply apologize to the family, and we would love to find some way to bring our families closer. Yes, this was an accident, but my cousin is not a child killer. He is very remorseful for what happened."

Cooks is also ordered to pay restitution to Janessa's family.

In 2015, Cooks spoke with Action News and said he didn't mean to hit Janessa and that he was only shooting in self-defense.

In a statement, the Fresno County District Attorney's Office addressed Cooks's sentence being shortened.

"In 2015, the murder of 9-year-old Janessa Ramirez sent shockwaves throughout Fresno County. On March 5th, 2015, while standing outside of a laundromat, Janessa was shot and killed by Brian Cooks.

On March 5th, 2018, Brian Cooks was sentenced to a determinate term of 21 years for her murder. Senate Bill 1437 was signed into law in later that year and provided a process for those convicted of murder, attempted murder, and voluntary manslaughter to petition for re-sentencing, which permitted Brian Cooks the opportunity to petition the court for a reduction of his sentence.

Today, Brian Cooks was resentenced to a reduced term of 16 years because of SB 1437.

Today's resentencing subjected Janessa's family to further pain and trauma that the State Legislature caused when enacting this piece of legislation.

Today's resentencing exposes one of the many travesties that the overarching criminal justice reforms are causing in the criminal justice systems, it further victimizes those who have lost loved ones due to senseless acts of violence."