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7-Eleven Armed robber gets 6 years

Crime and Justice | Sat, 11/21/2009 - 9:13 am | Read 2992 | Commented 16 | Emailed 1
Tags: McMinnville

Deputy District Attorney Ladd Wiles described Brian Herron as the "primary actor" in last August's armed robbery of the McMinnville 7-Eleven store.

Herron, 18, of McMinnville, pleaded guilty Friday morning in Yamhill County Circuit Court to one count of second-degree robbery. Under Measure 11, he received a mandatory-minimum prison sentence of 70 months - almost six years.

Wiles said Herron was not eligible for a Measure 11 opt-out because of the extent of his involvement. He was also ruled ineligible for the state's Alternative to Incarceration Program, which reduces sentences for inmates in exchange for undergoing alcohol and drug treatment.

He will be placed on three years postprison supervision after he completes his sentence.

One count each of first-degree robbery, second-degree theft, menacing and unlawful use of a weapon were dismissed as part of a plea agreement between Wiles and Herron's court-appointed attorney, Mary Biel of McMinnville.

A probable cause affidavit details how the Aug. 29 robbery unfolded:

About 3 a.m., a clerk working alone was confronted by an armed youth wearing a black ski mask, a black short-sleeved shirt, blue jeans and black shoes. The youth was later identified as Herron.

The clerk said the youth approached with what appeared to be a black, semi-automatic handgun and pointed it at him. The weapon was later identified as a BB gun designed to look like the real thing.

The robber demanded money from one of the store's two cash registers. The clerk gave him about $100.

The robber then picked up some cigarettes and fled out the front door. On his way out, he told the clerk not to call the police.

As the robber ran toward Wilson's Carpet One, next door, the clerk called 911. He said he did not see any vehicle or accomplices.

Shortly before the robbery, police received a call reporting the alleged gunpoint kidnapping of a teenage girl who had managed to escape. They were told it had been carried out by Herron and co-defendants Damon Lovisa and Sean Nelson, both 18-year-old McMinnville residents.

The vehicle associated with the kidnapping was identified as a 1998 Jeep Grand Cherokee belonging to Nelson's mother. Police were told it had sped off with the trio inside.

Shortly after the robbery, a teenage girl reported receiving a text message from Lovisa informing her the 7-Eleven had just been robbed.

About two hours later, a caller reported a man with a gun standing beside a vehicle parked near the McDonald's restaurant on Three Mile Lane. The caller provided a description matching that of a vehicle stopped a short time later in the 19000 block of Baker Creek Road, near Lovisa's residence - a 1996 Honda Accord.

Sheriff's deputies detained Lovisa and the female driver, then searched the vehicle. They seized a black, realistic-looking, CO2-powered BB gun, along with a black ski mask and a package of cigarettes, all believed to be associated with the robbery.

The driver was released and Lovisa was detained for questioning. After telling several conflicting stories, he settled on the following account:

Herron and Lovisa confronted Nelson and a female companion in the vicinity of City Park. Nelson was driving his mother's Grand Cherokee.

Herron pulled a gun on the pair. Then he and Lovisa got into the Cherokee with the two original occupants and had Nelson drive them around town.

Along the way, the girl jumped out. Lovisa subsequently took the wheel from Nelson and Herron directed him to drive to the 7-Eleven.

As Lovisa and Nelson waited in the Cherokee, parked next door, Herron went inside with the gun. In a few minutes, Herron returned, pointed the gun at Lovisa and told him to take off. As he drove, Herron threw some cigarettes and $6 in cash into his lap - apparently intended as his share of the take.

Near Duniway Middle School, Herron ordered Lovisa to stop and get out, then handed him the ski mask and gun. He ordered Lovisa to get rid of them, and Lovisa promised he would.

Herron then left with Nelson. Lovisa called a female acquaintance and had her pick him up near Memorial Elementary School in the Accord.

Lovisa asked her to drive him out Baker Creek Road, saying he wanted to sleep in her vehicle. His actual intent was to ditch the mask and gun, but deputies stopped him first.

Lovisa pleaded guilty earlier to one count of second-degree robbery.

Qualifying for a Measure 11 opt-out, he was sentenced to four years in prison. After he serves 1 1/2 years, he will be eligible for the Alternative to Incarceration Program.

Nelson faces four counts of hindering prosecution and one count each of second-degree theft and compounding a felony.

Released from custody after posting $15,000 bail, he is under what amounts to house arrest under the supervision of his parents. His case is scheduled to go to trial Feb. 2.

While Herron had no previous adult record, he had 16 juvenile referrals for a variety of offenses, including theft and drug offenses. He was allegedly intoxicated when he entered the store.

Biel quoted his parents as saying his participation in the robbery "came out of left field." She said she was confident he would take advantage of rehabilitation programs made available to him in prison.

Herron said he was sorry about what happened. He said he wasn't able to offer any explanation.

Judge John Collins said that failing to gain insight into the roots of his behavior during two months of incarceration wasn't a good sign.

In an unrelated case, Herron pleaded guilty to one count of fourth-degree assault in connection with an incident occurring at the jail shortly after he was taken into custody.

Wiles said Herron inflicted a severe beating on Jesse Lawhorn, who is no longer in custody. He said Herron pounded Lawhorn's head into a concrete floor, breaking his nose.

Collins sentenced Herron to 14 days in jail for the assault, to run consecutive to his prison term.

He also ordered the defendant to pay $1,083 in restitution to Yamhill County to cover Lawhorn's medical expenses, and ordered him held responsible for any future medical expenses stemming from the incident.

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Comments (16)

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Wed, 11/25/2009 - 2:30pm - Posted by: NatetheGreat

If you commit a crime don't expect fairness out of the system. Apparently one criminal was a little smarter than the other and so he worked out a better deal.

And yes I am celebrating the demise of these two because they are worthless members of our youth. Should I wish they walked? I couldn't possibly care any less about any of them. I hope they kill someone in prison and get life so they aren't running around pointing guns in the faces of the contributing members of our community. Their demise makes our community a better one. Prevention and intervention rarely works. I'd rather spend 60 cents a day feeding them slop than try to counsel them so that they think nothing is their fault, rather the fault of some experience they had 10 years ago. Putting certain words in all caps doesn't make your post anymore effective.

Tue, 11/24/2009 - 9:33pm - Posted by: MsTeresa

Wow that's Craziness

Tue, 11/24/2009 - 2:25am - Posted by: Momof6

The public has not heard the entire story yet. ....the rest of the story - some of which has been shared (truth and supposition) with the public and what has not been shared, shows that Damon was not an innocent bystander as he claims, that Brian was not the only leader. I've read the police reports, I've talked to the ppl involved, the witnesses and the detectives, the DA and the Grand Jury, I've seen and heard the evidence. Why wasn't ALL the evidence released to the DA? Why wasn't ALL the evidence put before the Grand Jury? Neither Brian nor Damon are innocent of kidnapping and holding Sean hostage, yet they have not been charged, why? Damon admitted to it – Brian says it in his statement - so why were they not even charged?
Sean was kidnapped and held at gunpoint by both Damon and Brian - for several hours - they terrorized and threatened him. Why didn't Sean run - the police ask....would you run if someone held a gun against your temple, threatened you? Even if it is someone you thought that you knew….they were acting irrational, crazy, high, loaded. Can you predict what they are going to do next? You never thought you would be in this nightmare situation. This is crime show stuff. What do you do? Does anyone really know what they would do in a situation like that? Scared? - of course - you would be crazy not to be. Wondering if these two people, who are acting like they have lost their minds…would they really shoot you? Will this be your last moments on earth? Will I ever see my family and friends again? These are the questions that go through your mind when you have a gun pointed at your temple.
Why is the DA not prosecuting both of them for Kidnapping!?! That is what we should be asking. There is so much more to the events of that night that what has been published... so far. What's the rest of the story? – See you at the trial.

Tue, 11/24/2009 - 12:08am - Posted by: twoB

critical,
If my child was stupid enough to commit a crime such as this, I would personally kick their a$$ all the way to jail myself. I hope I am not alone in that sentiment. A criminal is a criminal, family or not.

As far as Lovisa being the 'mastermind' if he got off lucky this time, theres no doubt he will give the county another chance to lock him up.

Mon, 11/23/2009 - 10:59pm - Posted by: CriticalDiva

PLEASE tell me you people are not celebrating and bickering over the demise of our youth! TWO of OUR community's children are in [or on their way to] prison! SO WHAT if Mr. Heron's family is no stranger to the justice system? At the end of the day, this could be ANY one of our own children. I don't care HOW well you THINK you raised yours. Is this the response you would want for your son???

C'mon, Yamhill County...AIM HIGHER! I dare you! Put on your proverbial thinking caps and brainstorm some ideas for better youth intervention and family support in this area. Or is it easier to cast the first stone?

~CRITICAL~

Mon, 11/23/2009 - 12:28pm - Posted by: NatetheGreat

Roy,
So you get to dictate how a winner talks huh? Enlighten me please. I do hope he gets sold like a slave in prison. I hope they force ably tattoo a tramp stamp on his lower back. He deserves all of it. How do you think the clerk felt as a gun was pointed in his face? This kid is a worthless lost cause and you standing up for him is hilarious.

Sun, 11/22/2009 - 11:37pm - Posted by: RoyHinkley

Nate,
Your post
"This is a prime example of the scum of the earth. I hope he gets sold like a slave in prison. The fresh air seems even better than normal today! And for all the family members that want to defend him saying he's a "good kid" and threaten me, please bring it. I need a good laugh!"

The black people comment was made by twoB on the first article when the store was robbed, my mistake, it was not you, I fixed it, sorry. You did however say you hoped Herron gets sold like a slave in prison, and this doesn't sound like the words of a winner. Roy

Sun, 11/22/2009 - 10:27pm - Posted by: NatetheGreat

Roy,
You must be confusing me with someone else. I never made any comments about black people or anything you said. This guy was the one who held the gun in the clerks face. He deserves to take the fall. On the bright side, without losers like him, we can't have winners like me. You defending a robber says a lot about you. That's just pathetic.

Sun, 11/22/2009 - 4:36pm - Posted by: RoyHinkley

Oregonative72,
Yes, in the first article I did see where friends and family members (some using profanity), posted and because of this the paper stopped posting on this forum about that first article. I was not defending Herron, I was stating I felt Lovisa had a bigger involvement in the events of the evening.
During the second article you posted blasting the paper censoring the posts and free speech. I was the one that reported the abuse and violating of the forums terms of agreement for use by some of the posters (not you, but another poster) and their posts and rights were removed from a privately owned forum (all pertaining to that poster and replies back from others to him/her). You’re welcome
I never said Herron should not be locked up, I just feel Lovisa got off way too easy for his involvement in the crime. Once again you question my experience with the justice system and you keep referring to Herron by his first name, I do think you have a personal beef with him or possibly a family member.
P.S. I’m going to share your accusations about me with my Criminal Justice Professor, I think he will get a laugh out of it. Roy

Sun, 11/22/2009 - 4:20pm - Posted by: oregonatve72

Roy,
Thank you for graciously pointing out my typos. What you label as "two-faced" would more appropriately be called hypocritical, in case you are keeping tabs. You may not remember when this story originally broke and his sister/family/friends were "defending" their friend/family member with threats, foul language, and first grade spelling skills. I find it interesting however that you have a lot of excuses for Brian. It was Lovisa's weapon, he should have been locked up in juvy, etc, etc. The justice system in its entirety, came up with the convictions and I bet they know more of the details than you and I. The point is, he deserves to be in prison, and judging from his past, will continue to make mistake after mistake and will spend the vast majority of his life behind bars. The Herron family is no stranger to the justice system, and I would wager a guess, neither are you.

Sun, 11/22/2009 - 2:29pm - Posted by: RoyHinkley

oregonatve72,
Since it was not a typo, then you really should use spell-check as you did misspell two words (in your post, not your name), maybe not much, but you accuse others of poor spelling while doing it yourself within the same post. Then you judge me and say I most likely have a criminal history? I did not attack you on this forum, all I said was you accuse others of things you yourself did (poor spelling in your own words). That seems two faced to me. My comment about inmate Lovisa was not directed to you, it was in response to another poster’s comment on their future hopes for Herron. Lovisa’s story doesn’t add up to me. I feel the responsibility for the crime is more equal between Lovisa and Herron than what the story in the paper makes it out to be. As if the county has a scapegoat to take the fall. I feel Lovisa helped plan the robbery, supplied the BB gun, and then denied any involvement, and then the courts dropped his measure 11 status. They should have more equal punishment as they were both involved in the robbery, it was not just one person. It also sounds to me as though you have a beef against Herron.
If, as the paper states that Herron had sixteen referrals prior to this incident, why was he not in juvenile already? Roy

Sun, 11/22/2009 - 1:35pm - Posted by: oregonatve72

Roy,
My handle is shortened to accommodate the length involved in choosing my handle. I use the same handle on many different websites, and some have a limited amount of letters you can use. Nice try however. It is not a typo nor did I misspell anything. As far as Lovisa is concerned, who cares? You are more concerned about a potential "snitch" being involved than the fact Brian got exactly what he deserved. Shows your mindset, and probable criminal history as well. Brian will not change while in prison, except to become even more of a criminal and thug. Take it to the bank. He has had too many chances to change already, and look what he choose to do. Tax dollars well spent incarcerating Mr. Herron, the first of many incarcerations I am sure.

Sun, 11/22/2009 - 11:34pm - Posted by: RoyHinkley

My turn now,

Oregonative72,
“ Now if history is any indication, his friends and family will be along shortly to spew profanity, poor spelling, and general threats”
Please go back and study your history again and learn how to use spell-check before claiming others can’t spell.

twoB,
Didn’t the BB gun belong to inmate Lovisa to begin with? How can anyone believe his story after he told so many to finally settle on one to save his hide? Give him a lie detector test and check his creditability, he had charges pending in court for burglary already, and was going down. I don’t believe inmate Lovisa’s recount of events for the evening in question, how can anyone believe he had no idea of the plan?

NatetheGreat,
Your hopes might better be carried out on a snitch that lies than a person that takes the blame for all. I saw no threats directed at you (or oregonative72 for that matter, as in your posts). If you need a laugh, watch a comedy.

Roy

Sun, 11/22/2009 - 1:02am - Posted by: NatetheGreat

This is a prime example of the scum of the earth. I hope he gets sold like a slave in prison. The fresh air seems even better than normal today! And for all the family members that want to defend him saying he's a "good kid" and threaten me, please bring it. I need a good laugh!

Sat, 11/21/2009 - 10:01pm - Posted by: twoB

I am glad he will have to spend a significant portion of time behind bars. Whether or not he learns from that experience is anyone's guess, but thats six years of not victimizing any innocents.

Sat, 11/21/2009 - 4:10pm - Posted by: oregonatve72

"While Herron had no previous adult record, he had 16 juvenile referrals for a variety of offenses, including theft and drug offenses."

Of course Mr. Herron is 18, so he wasted no time commiting crimes as an adult.

"In an unrelated case, Herron pleaded guilty to one count of fourth-degree assault in connection with an incident occurring at the jail shortly after he was taken into custody."

So he is a thug, even in jail.

"The robber demanded money from one of the store's two cash registers. The clerk gave him about $100"

Brilliant crime. 6 years for a hundred bucks. As we can tell from his juvenile record, his actions while in jail while not "intoxicated", his massive payoff from his holdup, and the length of time from comission of crime to incarceration, that Herron is a moronic street thug who will undoubtedly spend the rest of his sad little life in and out of prison. At least we don't have to deal with him for six years. Guess he took after his brother. Good riddance Brian.

Now if history is any indication, his friends and family will be along shortly to spew profanity, poor spelling, and general threats.