Death sentence upheld for Broward man convicted of 2008 murder – NBC 6 South Florida

The Florida Supreme Court on Wednesday upheld two first-degree murder convictions and a death sentence against a Broward County gang member who was involved in a crime spree in 2008.

The judges rejected a number of arguments made by James Herard, who was found guilty of 18 gang-related crimes, including the murders of Eric Jean-Pierre and Kiem Huynh.

Herard, who the court said was deputy leader of a Lauderhill-based branch of the nationwide Crips gang, was sentenced to death in the Jean-Pierre murder. He showed little emotion when the verdict was announced in 2015, but his mother burst into tears as he was led out of the courtroom.

The ruling states that in November 2008, “Herard and two other gang members were driving through the streets of Lauderhill looking for a victim for their ongoing body count contest. They happened upon Eric Jean-Pierre, who was not a member of a gang and 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 verdict states.

Among other things, Herard argued before the Supreme Court that his statements to Lauderhill police should have been suppressed because they came after he had initially asked for a lawyer. But the justices rejected the argument, saying Herard had changed his mind and waived his Miranda rights.

“When Herard stated he wanted an attorney, the Lauderhill detectives confirmed this and began to leave the room,” the ruling states. “But Herard immediately made contact again, asking if he would be subpoenaed and if he would have to wait for an attorney. After a detective answered Herard’s questions, Herard indicated he wanted to sign the (Miranda) waiver form. The detective then asked a few follow-up questions to clarify Herard’s wishes before giving him the form to sign.”

Chief Justice Carlos Muniz and Justices Charles Canady, John Couriel, Jamie Grosshans, Renatha Francis and Meredith Sasso unanimously agreed with the ruling. Justice Jorge Labarga also concurred.

According to information on the Florida Department of Corrections website, 34-year-old Herard is an inmate at the Union Correctional Institution.