He fired the shot that killed a 9-year-old girl. Now her mother hopes he finds God

A gang member was sentenced Monday to 21 years in prison for killing 9-year-old Janessa Ramirez, who was hit by a stray bullet during a gang gunfight as she stood outside a west Fresno laundromat three years ago.

In a plea agreement, Brian Cooks, 25, pleaded no contest on Feb. 1 in Fresno County Superior Court to voluntary manslaughter, participation in a criminal street gang and possession of a firearm by a felon. In exchange, prosecutors dropped a murder charge that could have resulted in Cooks being sentenced to life in prison if convicted in a trial.

Janessa's killing sent a shock wave through the city, prompting Police Chief Jerry Dyer to dispatch all available detectives until it was solved. Dyer, who attended Janessa's funeral, was in the courtroom for Cooks's sentencing. Also in attendance was District Attorney Lisa Smittcamp, as well as the police detectives who helped solve senseless gang killing.

During Monday’s sentencing hearing, it was revealed that Cooks told the judge that he might have been forced into the plea deal. But Superior Court Judge Arlan Harrell said Cooks was not coerced and sentenced him to the term specified in the plea agreement.

Because Cooks has already served three years in jail, he will end up serving about 14 years in prison, said defense attorney Curtis Sok.

The sentencing hearing had the potential to be an angry affair. Instead, Janessa's family said they have forgiven Cooks, pray for him and hope that he finds God in prison.

"She was my best friend," Janessa's mother, Stacey Gonzales, told the judge.

Cooks sat silently as Janessa's mother and other relatives described her as a bright, loving child who was the family's peacemaker.

Gonzales also said she will never get to see her daughter graduate from high school, get married or have a family. “I have a big a hole in my heart that can never be filled,” she told the judge.

She said she hopes Cooks remembers Janessa every day. “I hope you see her face every time you open your eyes,” Gonzales said.

In response, Cooks said “please accept my apology” to Gonzales and her family. “I sympathize with the pain I brought to the family of Janessa Ramirez as well as the pain I brought to my own family.”

In announcing the punishment, Harrell said he was amazed at the grace Janessa's family has displayed in the face of tragedy. He also complimented Cooks for taking responsibility for the killing.

Before the hearing was over, Cooks' father, Deric Cooks, thanked Janessa's family for forgiving his son and praying for him. He promised that he and his family would do the same for them.

Police say Janessa was killed on Marks Avenue north of Clinton Avenue during the evening of Jan. 18, 2015.

Cooks admitted to firing a gun that police believed killed Janessa, but he and Sok contend that he fired in self-defense toward a drive-by shooter. Police, however, say Cooks instigated the gunfight to settle a score with a rival.

After nearly two weeks of investigation, the 1,600-hour manhunt led to the arrests of Cooks, Isaac Stafford, then 19, and Donte Hawkins, 22, on murder charges.

Stafford and Hawkins were later released from custody and never charged in connection with Janessa's killing. Hawkins, however, was convicted in Fresno County Superior Court in different attempted murder and robbery case. In July 2016, Hawkins was sentenced to 39 years to life in prison.

Court records say Cooks is a member of the Modoc Boyz, one of nearly three dozen black criminal street gangs in southwest Fresno that specialize in drug dealing, assaults, murders, robberies and human trafficking. Stafford and Hawkins were either members or associates of the Flyboyz, a rival of the Modoc Boyz.

The chain of events that led to Janessa's death began when Cooks, while riding a skateboard on Marks Avenue, saw Stafford and Hawkins in Stafford's Dodge Challenger. Prosecutor William Terrence contends Cooks and Stafford were intent on settling an old feud with guns.

In an exchange of gunfire, Cooks fired a pistol that ended up killing Janessa, who was about 270 yards away outside a laundromat with her mother and two family friends.

According to police, the feud likely stemmed from Stafford being labeled a snitch by rival gang members for helping police in 2012 solve a shooting that resulted in gang member Deandre Robinson getting a long prison sentence. Robinson was in a gang that was an ally to the Modoc Boyz.

Shooting a rival, especially a snitch, would elevate a gang member's status and increase fear and intimidation in the community that gangs desire, Fresno police detective Melanie Mayo said at Cooks' preliminary hearing in January 2016.

On the other hand, seeing a rival and doing nothing would weaken a gang's status, causing its members to lose respect on the street, Mayo testified.

Sok, however, said at the preliminary hearing there was no evidence that Cooks disliked Stafford. In fact, Cooks played basketball with Stafford in the past and praised him for going to college, Sok said. In his argument, Sok said, Cooks had no choice but to pull the trigger because he said Hawkins fired first.

"He heard four shots. Thank God, there was a red Monte Carlo there that he could hide behind," Sok told the judge.

Sok said the evidence supports his theory because the Monte Carlo had two bullet holes and two bullet strikes.

Under fire, Cooks lifted his gun over his head and fired one round at the drive-by shooter, Sok said. But the bullet ended up killing Janessa.

This story was originally published March 5, 2018 at 10:48 AM with the headline "He fired the shot that killed a 9-year-old girl. Now her mother hopes he finds God."