Second defendant in CU Boulder campus armed robbery, shooting receives 11 years in prison

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

David Herrera, 20, guilty in July to aggravated robbery and had a stipulated sentence of 10 to 12 years as part of the deal. On Aug. 9, his co-defendant Pedro Thomas was convicted to 11 years for his involvement in the incident, District Judge Nancy Salomone said Herrera’s sentence would be the same as Thomas’ due to their equal involvement in the robbery as well as their similar lack of criminal history and mitigation.

“You chose to do someone. You chose to have a gun,” Salomone said. “You both fired a gun at him. “That is such a terrible choice.”

However, Salomone added that she’s also impressed with everything Herrera has done while in jail, including the completion of a program module and said while it is a significant prison sentence, Herrera will be young when he gets released.

Herrera will get 184 days of credit for time served and has a parole period of three years.

“Being able to reflect back and also plan forward is going to be the thing that makes you safe and successful when you leave,” Salomone said.

During the short sentencing hearing, Deputy District Attorney Alex Zowin said 12 years of prison would be appropriate but recommended 11 years to match co-defendant Thomas’ sentence.

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

“He has a lot of support and love and something went off the rails for Mr. Herrera in this case,” McDavid said.

He added, “For a young man to receive an 11 year sentence reflects the severity of this case.”

Herrera chose not to address the 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 handle cases involving gun violence as a top priority.”

Originally Published: August 16, 2024 at 11:03 am