By KATHY MELLOTT
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.
