Death sentence upheld for South Florida gang member who ordered killing in "body count" competition
TALLAHASSEE -The Florida Supreme Court has upheld two first-degree murder convictions and a death sentence for a South Florida gang member involved in a 2008 crime spree.
Justices rejected a series of arguments raised by James Herard, who was found guilty of 18 gang-related felonies, including the murders of Eric Jean-Pierre and Kiem Huynh. Herard, who the court said was second in command of a Lauderhill-based branch of the national Crips gang, was sentenced to death in the Jean-Pierre murder.
The ruling said that in November 2008, "Herard and two fellow gang members drove the streets of Lauderhill in search of a victim for their ongoing body-count competition. They randomly came upon Eric Jean-Pierre, who had no gang affiliation and just happened to be walking home from a bus stop." At Herard's urging, another occupant of the car shot Jean-Pierre in the chest, killing him, the ruling said.
Among other things, Herard argued at the Supreme Court that statements he made to Lauderhill police should have been suppressed because they came after he initially asked for an attorney. But justices rejected the argument, saying Herard changed his mind and waived his Miranda rights.
"When Herard stated that he wanted an attorney, the Lauderhill detectives acknowledged the request and began to leave the room," the ruling said. "But Herard immediately reinitiated communication, asking whether he would be booked and if he would have to wait for an attorney. After a detective answered Herard's questions, Herard indicated that he wanted to sign the (Miranda) waiver form. The detective then asked a couple of follow-up questions to clarify Herard's wishes before giving him the form to sign."
Herard is imprisoned at the Union Correctional Institution, formerly referred to as Florida State Prison, in unincorporated Union County, Florida.