Kevin Herrick Wrongful Conviction, Kevin is Next

Justice Interrupted: The Kevin Herrick Sentencing Error

Kevin Richard Herrick is currently serving what amounts to a death sentence, having been given a life sentence with no possibility for parole. This severe outcome stems from a series of critical errors during his sentencing, which distorted the application of guidelines and resulted in a profound miscarriage of justice.

Key Sentencing Errors That Led to a Life Sentence:

• Incorrect Sentencing Guideline Sheet: During his sentencing on January 4, 1991, the court mistakenly used an outdated 1984 sentencing guideline sheet instead of the correct 1988 version. This older scoresheet did not correctly evaluate both the recommended and permitted scores as the appropriate guideline sheet would have required.
• Miscalculation of Points: Beyond using the wrong sheet, the state also miscalculated the overall sentencing points.

Unjust Application of Youthful Offender Points:

• Kevin's parents initially allowed charges for a youthful offender offense with the hope that the state would help their troubled teen through social programs and therapy.
• They were unaware that these youthful charges could be applied to significantly enhance any future sentence, let alone lead to life imprisonment. They have stated they would never have agreed to the charges knowing the potential outcome.
• A motion to vacate 139 youth offender points (which Kevin's attorney had erroneously calculated as 110 points) was denied by Judge Downey, who stated his denial was "not because I don't feel it has merit, but because I think it doesn't matter".
• However,  it did matter, as the court never calculated the permitted score due to the flawed use of the wrong scoresheet.

Subjective Double Counting: 

The prosecution was allowed to apply 40 points for each victim, resulting in a subjective double counting of 40 points.

The Devastating Impact of These Errors:
The combination of the denied youth offender points (139) and the subjective double counting (40 points) would have resulted in a deduction of 179 points from Kevin's total score of 732 points.

• This reduction would have brought his score down to 553 points
• According to the correct 1988 scoresheet, 732 points permitted a "27-Life" sentence, but 553 points permitted a "22-Life" sentence
• Despite these significant errors, Kevin was sentenced to life with no possibility of parole. This is not the type of "Life" sentence for a Capital felony that would allow parole eligibility after a minimum of 25 years

Kevin has now served over 35 years. Even if he had committed the crimes for which he was convicted, a life sentence is a punishment that does not fit the crime 

• His "criminal history as a 19-year-old boy whose foolish choices and stupid actions with a friend looked much worse on paper than reality of the actual events," which should have led to a 22-27 year sentence, instead became a sentence of life without parole

*** It should also be noted that Kevin rejected a 5-year plea offer from the Assistant State Attorney, Joseph Balone (now Judge Balone in Pinellas County), and proceeded to trial because he believed in the system. But the system let him down.