Second man charged in armed robbery and shooting at CU Boulder campus sentenced to 11 years in prison

A man who agreed to a plea deal in a 2023 armed robbery in which multiple shots were fired at the victim on the campus of the University of Colorado in Boulder was sentenced Friday to 11 years in prison.

David Herrera, 20, pleaded guilty in July to armed robbery and received a sentence of 10 to 12 years in prison as part of a plea deal. On Aug. 9, his co-defendant Pedro Thomas was sentenced to 11 years for his role in the incident, with District Judge Nancy Salomone saying Herrera’s sentence would be the same as Thomas’s because of their equal roles in the robbery, as well as their similar lack of criminal history and sentencing leniency.

“You chose to rob someone. You chose the gun,” Salomone said. “You both shot him with guns. That’s a terrible choice.”

Salomone added, however, that she is impressed with everything Herrera has done in prison, including completing a module in the program, and said that while it is a serious sentence, Herrera will be young when he is released.

Herrera will receive 184 days of credit for his prison sentence and will be eligible for three years of parole.

“Being able to reflect and plan for your future will keep you safe and successful when you pass away,” Salomone said.

During a brief sentencing hearing, Assistant District Attorney Alex Zowin said 12 years in prison was appropriate, but recommended 11 years to match the sentence of co-defendant Thomas.

Defense attorney Ian McDavid highlighted the mitigating factors that led to Herrera’s offending, including: an early childhood traumatic brain injury; an absent mother who abused alcohol and drugs; and difficulties at school, which were exacerbated by the pandemic. Despite Herrera’s struggles, McDavid said Herrera’s father worked hard to provide for and support his son.

“He has a lot of support and love, but something went wrong with Mr. Herrera in this case,” McDavid said.

He added: “Sentencing a young man to 11 years in prison reflects the seriousness of this case.”

Herrera did not speak in court.

“This sentence reflects the incredibly dangerous nature of the defendant’s actions,” District Attorney Michael Dougherty said in a statement. “This incident could have ended much worse. I appreciate the efforts of law enforcement and our prosecution team in building this case and securing the right outcome. We will continue to treat gun violence cases as a top priority.”

Originally published: August 16, 2024 at 11:03 AM