A Pacific Beach man who shot his roommate to death was sentenced on June 26 to 28 years to life in prison, including extra years for being a felon in possession of a firearm.
Richard Kyle Herrman, 34, didn’t show much reaction to the sentence while sitting in blue jail clothes and sporting a ponytail. A jury convicted him Jan. 28 of second-degree murder of Gabriel Fergus, 51.
Herrman’s mother, Claire Herrman, wept as she sat in her wheelchair, and she put her face in her hands after she heard the sentence.
Fergus was shot in the chest at 10:10 p.m. on Jan. 26, 2025. The eight-man, four-woman jury also convicted Herrman of possession of a firearm by a drug user.
Fergus, his father, and four others lived with Herrman in the 1600 block of Chalcedony Street, but only Herrman and his father had keys to the condo. Fergus and the others would jump the fence and then ring the buzzer, and people testified that someone always let them inside.
Herrman claimed he killed Fergus in self-defense and that he was afraid of Fergus, who caused problems in the condo. When he was asked why he didn’t call the police about Fergus, he replied: “The drugs are good.”
He claimed Fergus brought drugs to the condo, and if he called the police, that would implicate him in drug possession.
Deputy District Attorney Gabriella DiCaprio unsuccessfully urged San Diego Superior Court Judge Aaron Katz to impose a consecutive term of 25 years to the 15-year-to-life term for second-degree murder for the gun enhancement of using a firearm in a homicide.
Katz said 25 years is too long a punishment for the gun enhancement, but he did add a 10-year term. “Some punishment is appropriate,” said Katz.
Fergus’ mother, Deborah Chase Roberts, 76, of Florida, read a letter from her computer in Florida, and told Katz she could not attend the sentencing.
“My son was born with a kind heart. I loved him throughout his life,” said Roberts. “With Gabriel’s murder, we are forever changed.”
The judge cited the letter by Fergus’ mother as an illustration of how the case “illustrates how drugs lead to loss of life.”
Katz imposed an additional 3-year term for Herrman’s conviction of possession of a firearm by a felon. Herrman acknowledged to jurors that he had been convicted of felonies.
“The only person Mr. Herrman should blame is himself,” said Katz.
Herrman’s attorney, Andrew Feaster, unsuccessfully asked that the gun enhancement and gun possession punishment be stricken, saying “we believe this was full self-defense.”
“Your honor, there is no way to say how sorry I am to the family,” said Herrman. “I know nothing I can say can bring him back.”
The prosecutor asked for a 43-year sentence. “He was prohibited from owning firearms. At no point did he called police. He is at risk to public safety,” said DiCaprio.
Katz gave Herrman credit for 514 days in jail and fined him $10,210.
With his sentence of 28 years to life at age 34, it is estimated his first eligibility for parole might be in his early 60s.
Pacific Beach man sentenced for fatally shooting his roommate
