A 19-year-old defendant in the deadly Harvest Homecoming shooting case will now serve five years after admitting he lied under oath during the prosecution of another defendant. Damarius Gardiner Person’s testimony was supposed to help prosecutors secure a conviction, but instead it cost him the sentencing break built into his plea agreement.
Person appeared Monday in a Floyd County, Indiana, courtroom wearing an orange jumpsuit and shackles, where he pleaded guilty to perjury and a criminal organization charge. According to WLKY, he was sentenced to seven years, consisting of six years for assisting a criminal and one year for obstruction.
The Plea Deal Came With A Truth Requirement
Person previously pleaded guilty to assisting a criminal and obstructing justice in connection with the October 2024 shooting that killed 18-year-old Bryce Gerlach and injured two others. As reported by WAVE 3, Person admitted driving Isaiah Page back to Louisville after the shooting, though he was not believed to be the gunman.
His plea agreement included a suspended sentencing benefit that depended on him telling the truth while cooperating with the state. The new perjury case grew out of Person’s testimony during Page’s February murder trial, when he repeatedly claimed he could not remember details despite earlier depositions and statements, according to a report by WAVE 3.
Prosecutors Say Contradictions Exposed The False Testimony
Prosecutors compared Person’s courtroom testimony with his earlier sworn accounts and other statements, finding enough contradictions to argue that he had violated the deal. Scott Gerlach, Bryce’s father, testified at the sentencing hearing that he wished Person had been required to go to trial, according to WLKY.
Person apologized to the court and to the Gerlach family. Prosecutor Chris Lane said defendants who cooperate with the state are required to tell the truth on the witness stand, while Chief Deputy Prosecuting Attorney Elizabeth Stigdon said prosecutors still obtained the information they needed despite Person’s efforts to undermine his testimony.
The judge also told Person he was “beyond lucky” to have received the opportunity offered under the original agreement. The ruling revokes the possibility of home incarceration and probation tied to good behavior and leaves Person facing the entire five-year sentence.
The broader case already produced a 190-year sentence for Page, who was found guilty in February and received the sentence in April for killing Gerlach at the New Albany festival, according to WAVE 3. The shooting, which Hoodline previously reported, erupted during Harvest Homecoming on October 8, 2024, when Gerlach was caught in the crossfire.
According to the Indiana Department of Health, firearm injuries accounted for nearly one in five (19%) total injury deaths in 2023, including 64% of suicides and 84% of homicides.
