EBENSBURG — A Johnstown man who pleaded guilty to drug charges after killing a person who tried to break into his house demanded three times that he be sentenced immediately, but the judge refused to comply.
Andrew Herdman, 27, of the city’s West End, said he wanted to be sentenced even if it meant serving the five- to 10-year term the district attorney’s office is seeking.
“I feel I should just get sentenced today and file (appeal) motions,” Herdman told Judge Gerard Long on Wednesday after public defender David Raho asked that the sentencing be postponed.
Herdman shot and killed David Turner, 29, of Johnstown on March 22 after Turner went to Herdman’s third-floor apartment, allegedly to rob him of money and drugs.
Herdman was never charged in Turner’s death. City police determined that Herdman was justified in using deadly force because he was protecting his property, himself and another occupant of the home.
Herdman admitted to police during the investigation that he sold drugs, and authorities found 259 bags of heroin at his apartment, court documents show.
In September, he pleaded guilty to two counts of trafficking in heroin and one count of tampering with evidence.
The plea did not address a sentence, Raho said Wednesday. He said he realized more time is needed after being notified by prosecutors a few days ago that they were seeking a five- to 10-year sentence.
Herdman’s repeated request for sentencing prompted the judge to respond: “That may be what you want to do, and we’re not going to do it.”
Assistant District Attorney Tom Leiden agreed with the continuance until Oct. 28.
He later said a number of issues have arisen about some of the co-defendants in the case.
“We need to consider if (the five- to 10-year sentence is) appropriate or not ... we need to re-evaluate the co-defendants,” Leiden said.
Listed as co-defendants are Julie Herdman, Keith Fetterman and Michael Whitfield, all of whom may go to trial, and Joseph Wagner, who is expected to enter a plea later this month. All are believed to be from the Johnstown area.
Some of the co-defendants were charged after the shooting when they allegedly found other heroin at Herdman’s apartment and were involved in an attempt to sell it to raise money for his bond.
Local News
Related Photos
-
Andrew Herdman Tribune-Democrat File Photo
Discussion
Drug defendant objects to sentencing delay
- Local News
-
-
Two Cambria district judge offices to be cut
Two of Cambria County’s 10 magisterial districts could be eliminated as President Judge Timothy Creany looks at realigning boundaries to cut costs while taking into consideration caseloads of the district judges and population changes.
-
Westmont couple inseparable, even in death
People who knew James and Marjorie Landis of Westmont said the two were nearly always together.
-
Company buys valuables from people ready to unload
Jan Hagerich’s buffalo nickel was “healthy” – which was unhealthy for her finances.
-
Blogging with heart
I was feeling overwhelmed yesterday, so today, I’m organizing my work. I have talked to probably a couple dozen people for Heart Month stories and I have pages and pages of notes.
-
Special Olympics return to region
More than 300 athletes eager to show off their skills, along with 135 coaches, will be coming to the region to take part in the 2012 Special Olympics Pennsylvania Winter Games.
-
Special Olympics Schedule
Here is a list of events related to the Pennsylvania Special Olympics Winter Games through Tuesday at venues across the region:
Saturday
• Laurel Highlands Polar Plunge to benefit Special Olympics; Quemahoning Reservoir near Boswell; registration at 9:30 a.m.; plunge at 1 p.m. -
Water rates going up to pay for line project
An estimated $9 million Windber Area Authority transmission line project will likely head toward construction late this summer.
-
Citizens eye cost-cutting measures
A total of 16 members of a concerned citizens group volunteered to serve on a committee to develop cost-saving ideas that will be presented to the Westmont Hilltop school board.
-
Critz co-sponsoring bills that support emergency responders
U.S. Rep. Mark Critz, D-Johnstown, said he is co-sponsoring several bills that support emergency responders.
-
IN BRIEF | Police investigating shooting of city man
State police in Indiana County are investigating the shooting of a Johnstown man late Tuesday or early Wednesday, authorities said.
- More Local News Headlines
-
Two Cambria district judge offices to be cut
Man Killed in Courthouse Shootout
Video of Ga. Man Who Killed Girl Released
Air Force Airlines: Leaders Get Polished Service
Ga Girl Fights Off Kidnapper at Walmart
Nevada Highway Patrol, City Settle Beating Case
White House Attacks Romney on Birth Control
Homs Bombardment Continues, Global Outcry Grows
Mo. Teen Gets Life Sentence for Killing Girl, 9
Lower-hassle Screening to Be Tested at Airports
Raw Video: Dog Rescued From Icy Colo. Water
Helmet Camera Captures Calif. Fire Rescue
Worker Tells 911: Powell 'exploded the House'
Triple Win: Santorum Takes Minn., Mo., Colo.
Injured Marine Inspired by Homecoming
No Rape Charges Against Son of NYPD Commissioner
Egypt's Ruling Generals Play Risky Game With US
Former Komen Exec Defends Funding Cut
Skip the Coffee Cup and Inhale Your Caffeine Fix
Calif. Gay Marriage Ban Ruled Unconstitutional
Jury Selection for Ex-UVa Athlete Enters 2nd Day
