EBENSBURG — For the second time in less than a month, sentencing was delayed Wednesday for a Johnstown man who had pleaded guilty to drug charges after shooting and killing a man who had tried to break into his house.
Earlier this month, the sentencing of Andrew Herdman was postponed at the request of Assistant Public Defender David Raho, who raised questions about the prosecutors’ intent to seek a mandatory five- to 10-year prison term.
On Wednesday, Assistant District Attorney Kelly Callihan asked for the delay because of legal issues about the prison sentence being sought by prosecutors.
Although Raho objected to a further delay, Judge Gerard Long granted a continuance until Nov. 18.
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.
The defendant was never charged in Turner’s death after authorities said that he had acted to protect himself, his property and a girl who was in the apartment. Herdman admitted to the police that he sold drugs, and authorities found 259 backs of heroin in the apartment.
