David Christopher Herbert, now 37, is accused of using a knife and a baseball bat and a caustic chemical to hurt dogs that belonged to his neighbors. Herbert pleads not guilty, is set to go on trial in ten days, and intends to act as his own attorney.
Herbert has been charged with seven felonies for allegedly harming dogs which belonged to neighbors who rented the home next to him, on Carino Way in Oceanside. The alleged acts of animal cruelty date from February 2017 through May 2017.
There are four misdemeanors charged; Herbert denies slashing the tires on his neighbor’s cars, on four different occasions.
Herbert is currently acting as his own attorney. Judge Carlos Amour warned Herbert that he could get 16 years in prison if he is convicted of all charges; the defendant signed a form acknowledging that he understood this and wants to be his own attorney anyway.
In court paperwork, Herbert stated that he has completed 19 years of education, this includes Chapman University and University of Buffalo, plus military education. Herbert stated that he lived in San Diego County from 2007 through 2010, and was in the US military before that; he stated he is a Navy veteran. Herbert lived in New York from 2010 to 2012, while attending school there, and moved to Oceanside in June 2012.
Public records indicate Herbert bought his home for $376,000 in 2012 and sold it for $553,000 in October 2017.
Herbert was taken into custody by Oceanside police in August 2017, and he soon posted bail with a $1 million check drawn from his account at Navy Federal Credit Union. He produced a receipt showing his remaining balance as $17.25. He claimed he had no money left for an attorney, and wanted a public defender. But a judge warned Herbert that he would be required to reimburse the public defender’s office, because he apparently had the means to do so.
Herbert described himself as “self-employed,” in court paperwork.
Herbert has filed motions complaining that “present bail is excessive” and he requested his bail be lowered to $113,000. Denied.
Herbert complained it was “excessive” for a judge to demand his passports, and he requested return of his passports; he made this request in late November 2017. “Mr. Herbert desires to see his family in Jamaica over the holidays and needs his passports for such travel. Mr. Herbert has been early for every court appearance since posting bond.” Denied.
Prosecutor Teresa Pham has complained that she has received no “discovery” from the self-represented defendant, as of two weeks ago, on July 27.