James Herard sentenced to death for 2008 fatal shooting

Judge says Dunkin' Donuts robber 'looking for someone to kill' during body count contest

FORT LAUDERDALE, Fla. – A man already serving multiple life sentences for his role in the robberies of several Dunkin' Donuts robberies in Broward and Palm Beach counties was sentenced to die Friday.

Broward County Judge Paul L. Backman ruled that James Herard, 25, should receive the death penalty for ordering the execution of Eric Jean-Pierre in November 2008.

Herard, who was 19 at the time, was convicted in May of first-degree murder in the death of Kiem Huynh, 58, a customer who was shot in the back as a warning to other store patrons during a Thanksgiving 2008 robbery at a Dunkin' Donuts in Tamarac.

That was one of four Dunkin' Donuts robberies -- along with robberies at stores in Delray Beach, Sunrise and Plantation -- Herard organized as leader of the "BACC Street Crips" gang.

The capital punishment sentence stems from the murder of Jean-Pierre, who was fatally shot while walking home from a bus stop.

Backman cited Herard's violent criminal history in his sentencing order.

Herard, "along with fellow gang members Tharod Bell and Charles Faustin, were looking for someone to kill" as part of a competition to see who could get the most number of body counts, Backman wrote. Herard wanted to "get Tharod a body" when he encouraged Bell to shoot Jean-Pierre at Herard's "urging and prodding," Backman wrote.

Jean-Pierre was then shot in the chest with a 20-gauge shotgun.

"You might as well give me that body because Tharod would not have done that if I didn't provoke it," Herard said in his statement to police.

Backman cited the murder as "cold, calculated and premeditated."

Before the sentencing began Backman warned Herard, who was fitted with a stun belt, not to make any outbursts, citing his previous demeanor in court.

"First time you open your mouth and make any comments during this process -- the first time -- you're going to get zapped once," Backman said. "Second time, twice."

"I highly doubt it," Herard repeated as Backman spoke.

"Don't test me on that," Backman said. "After I'm finished, you can say whatever you would like."

"Like I say, I highly doubt it," Herard said.

"If you'd like I'll start right now with it," Backman said.

"By all means," Herard replied.

Herard is already serving nine life sentences in Palm Beach County.

His attorney plans to appeal, arguing that his client's sentence shouldn't be more severe than the sentence for the person who pulled the trigger.

Bell and Faustin are already serving life sentences for their roles in the Dunkin' Donuts robberies.

Follow Local 10 News on Twitter @WPLGLocal10