SAN DIEGO – A jury has convicted a Pacific Beach man of second-degree murder over the 2025 shooting death of a man who formerly lived with him.
The victim, Gabriel Fergus, was 51.
As the jury decision was read on Jan. 28, Richard Kyle Herrman, 34, looked stunned and stared downwards in his chair next to his attorney, Andrew Feaster, in San Diego Superior Court.
The eight-man, four-woman jury also convicted him of possession of a firearm by a drug user and being a felon in possession of ammunition for a firearm.
Herrman admitted in his testimony that he has two felony convictions from 2016.
Herrman testified he shot Fergus in self-defense on Jan. 26, 2025, after he said Fergus burst into his bedroom. Herrman said he was afraid of Fergus, who was not carrying a weapon when he was shot in the chest at 10:10 p.m.
Deputy District Attorney Gabriella DiCaprio said Herrman faces a prison sentence of 15 years to life for the murder conviction, and he could get more time, depending on other factors.
Judge Aaron Katz set sentencing for May 4. Herrman remains in jail on $2 million bail.
The trial started Jan. 14.
When asked for his reaction to the verdict, Herrman’s attorney said, “I think it’s wrong. I’m disappointed with the verdict.”
Feaster had argued for an acquittal and urged jurors not to convict him of murder. Herrman’s mother, Claire Herrman, and other relatives were present to hear the verdicts.
DiCaprio urged jurors to convict Herrman of first-degree murder. She said if jurors don’t feel it was first-degree, then they should find him guilty of second-degree murder. Jurors acquitted Herman of first-degree murder.
In her closing argument, the prosecutor said one minute and 43 seconds passed after Fergus came inside the condo before he burst into Herrman’s bedroom. She illustrated this by staying silent for one minute and 43 seconds.
Herrman testified that he unlocked the bag where he kept the gun. “He came through the door and was in my line of sight,” said Herrman, who said he then fired one shot.
Some jurors discussed the trial with the attorneys afterwards. During the 1 1/2 days of deliberations, jurors asked to have Herrman’s testimony read back to them.
Fergus had unofficially lived in the condo with Herrman and four other people, but he did not have a key. The prosecutor showed security camera footage of dozens of photos showing Fergus and others climbing over the six-foot-tall fence to get in. Fergus and others would press a buzzer, and someone wuld let them inside.
Herrman testified, “we were debating” whether to call police about Fergus, but added he didn’t want police finding drugs in the condo. When asked why he allowed Fergus to come inside, Herrman said, “The drugs are good,” as Fergus provided them to the group.
“We would remain cordial,” said Herrman.
The condo was owned by Herrman’s grandmother, Marguerite Herrman, but she is now deceased; it was sold after the shooting. When the condo was evaluated after the shooting, a former homeowners’ association president said there were holes in the wall and broken windows, and the unit eventually went into foreclosure.
