SAN DIEGO – A jury has heard the sound of the single gunshot that killed a Pacific Beach man during a trial in which the son of the condo’s owner is accused of the murder.
Richard Kyle Herrman, 34, has pleaded not guilty to the Jan. 26, 2025, slaying of Gabriel Fergus, 51, who was among seven people who had been living at the condo in the 1600 block of Chalcedony Street in Pacific Beach.
Deputy District Attorney Gabriella DiCaprio played security camera footage to the San Diego Superior Court jury, which included audio of the fatal gunshot when the trial started on Jan. 14.
The audio of the gunshot was played during the testimony of the first witness, Steven Owen, who is the former president of the homeowners’ association. Owen testified about noise complaints residents had about people living with Herrman.
Owen said Margaret Herrman was the condo’s owner, where her son stayed. Owen said there were “all different kinds of people coming in and out.” He said seven people lived in the unit within the last two years, and Herrman did not provide a list of the names of people who stayed there.
Residents complained about people jumping the wire fence that surrounded the unit and were usually let inside Unit C through a buzzer. Other complaints were about people putting in gum, rocks, or debris to keep the gate open, according to Owen.
The prosecutor showed jurors and Judge Aaron Katz video surveillance of Fergus and others who jumped a tall wire fence and who did not have a key to get inside.
Fergus “seemed to get along” with Herrman. “He was there daily,” said Owen.
After the shooting, Owen said he looked at Unit C, which he described as “demolished” with holes in the walls and most of the windows broken. He said the unit was strewn with mattresses everywhere.
The condo went into foreclosure after the shooting, and it has subsequently been sold, Owen said.
Herrman is also charged with possession of a firearm by a felon. He remains in jail on $2 million bail.
