The Florida Supreme Court on Wednesday upheld two first-degree murder convictions and a death sentence for a Broward County gang member involved in a 2008 crime spree.
Justices rejected a series of arguments raised by James Herard, who was found guilty of 18 gang-related felonies, including the murders of Eric Jean-Pierre and Kiem Huynh.
Herard, who the court said was second in command of a Lauderhill-based branch of the national Crips gang, was sentenced to death in the Jean-Pierre murder. He showed little emotion when the sentence was handed down in 2015, but his mother burst into tears as he was escorted out of the courtroom.
The ruling said that in November 2008, “Herard and two fellow gang members drove the streets of Lauderhill in search of a victim for their ongoing body-count competition. They randomly came upon Eric Jean-Pierre, who had no gang affiliation and just happened to be walking home from a bus stop.”
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At Herard’s urging, another occupant of the car shot Jean-Pierre in the chest, killing him, the ruling said.
Among other things, Herard argued at the Supreme Court that statements he made to Lauderhill police should have been suppressed because they came after he initially asked for an attorney. But justices rejected the argument, saying Herard changed his mind and waived his Miranda rights.
“When Herard stated that he wanted an attorney, the Lauderhill detectives acknowledged the request and began to leave the room,” the ruling said. “But Herard immediately reinitiated communication, asking whether he would be booked and if he would have to wait for an attorney. After a detective answered Herard’s questions, Herard indicated that he wanted to sign the (Miranda) waiver form. The detective then asked a couple of follow-up questions to clarify Herard’s wishes before giving him the form to sign.”
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The ruling was fully shared by Chief Justice Carlos Muniz and Justices Charles Canady, John Couriel, Jamie Grosshans, Renatha Francis and Meredith Sasso. Justice Jorge Labarga separately concurred in the result.
Herard, 34, is an inmate at Union Correctional Institution, according to information on the Florida Department of Corrections website.
