SAN DIEGO – A Pacific Beach man told a jury that he killed a man staying in his condo almost one year ago, but he did so to defend himself.
“It was self-defense. He was terrorizing us,” said Richard Kyle Herrman in court on Thursday about Gabriel Fergus, 51, who died from a gunshot to his chest on Jan. 26, 2025.
Herrman, 34, said Fergus was aware Herrman had a firearm because the man told him, “Don’t be surprised if I take it from you.”
“It really scared me,” said Herrman. “I felt that was my protection, and this man was trying to take it from me.”
Herrman said his girlfriend, Sally, was also afraid. “We were debating” about calling the police before the shooting, he said, but he told his attorney, Andrew Feaster, that he chose not to because he had had “too many parties” in his condo and police might find drugs there.
Herrman acknowledged being a drug user, as were others in the same condo unit in the 1600 block of Chalcedony Street. Feaster asked him why he allowed Fergus to stay there without having a key.
“The drugs are good,” said Herrman, adding that Fergus sold or provided various drugs to people who lived in condo unit C.
Under cross-examination by Deputy District Attorney Gabriella DiCaprio, Herrman acknowledged he decided to unlock a bag in his room where he kept a .45 caliber Springfield handgun.
“He came through the (bedroom) door and was in my line of sight,” said Herrman, adding that he did make a choice in deciding to shoot him.
Herrman said Fergus did not make a threat to kill him and that he did not tell Fergus to leave the unit.
Herrman is also charged with being a felon in possession of a firearm.
DiCaprio asked Herrman about his two prior convictions in 2016 and whether he knew he could not be in possession of a firearm and ammunition. He was now aware he could not legally possess those items, but he said that at the time, it was not fully explained to him.
San Diego Superior Court Judge Aaron Katz told jurors they will likely begin deliberations on Tuesday following closing arguments.
The jury also heard testimony on Thursday from a defense expert on trauma. The witness discussed people’s reactions in the “fight or flight” moment when people are confronted with danger.
Herrman, who pleaded not guilty, remains in jail on $2 million bail.
