Guido Herrera walked into the Galleria with a Bible in one hand and a long gun in the other, making his way so very near to where hundreds of young girls were competing in a weekend dance competition.
Radio traffic warning of an armed man made it to an off-duty Houston police sergeant working a security job. That sergeant quickly found and tackled Herrera to the ground before he could reach the Westin Galleria conference area, a brave act on Feb. 5 that may have thwarted a mass shooting, according to prosecutors. As authorities searched him, they found 120 more rounds for the assault-styled weapon and a loaded handgun among his layers of black, baggy clothing — including tactical pants, gloves and a shirt emblazoned with the vigilante Punisher skull logo.
He had bookmarked the Old Testament scripture he clutched to a Genesis passage about Sodom and Gomorrah, officials said.
The accusation and that of a second gun-related incident at the FBI field office a month later resulted in two misdemeanor charges — disorderly conduct and unlawful carrying of a weapon — both of which landed at random in Criminal Court of Law No. 8, leaving Judge Franklin Bynum on Thursday to decide how to punish Herrera for a crime that harmed no one but threatened public safety.
Bynum, whose fate on the bench is pending a decision from the Texas Supreme Court for complaints of leniency toward defendants and bias against prosecutors, opted for the maximum sentence that he is legally allowed to hand down to Herrera for the Galleria incident: Six months in the Harris County Jail.
”We have a genuinely dangerous situation with a genuinely dangerous person,” Bynum said in court, expressing perplexity that authorities could not secure a more serious charge against Herrera. “This situation, where someone is roaming around a federal building and malls with loaded firearms — and you’re in front of me? Why?”
Out of the thousands of misdemeanor cases in Harris County, prosecutors said they believe Herrera’s case presented the most risk to community safety. The state brainstormed with the Department of Justice on whether federal charges would be better suited but nothing worked. Authorities were left with very few options on how to charge Herrera because of a lack of prior convictions.
“His circumstance kind of fell in the gaps,” prosecutor Barbara Mousset said. “He took advantage of some technicalities in the law — he had the right to have that firearm and ultimately this was the only charge that we could get him on.”
Bynum was poised to force Herrera to undergo several rehabilitative programs during the two years of community supervision that would follow jail time until the state revealed that a U.S. Immigration and Customs Enforcement hold could return the Argentine national to his home country after finishing the sentence, which could last up to one year and six months for the two crimes.
He then reconsidered the order, noting that the rehabilitative programs may not do Herrera “any good.”
“I don’t know what the future holds for you,” Bynum told the defendant. “But I’ve done the most I can do today with the rules I have. I wish you well.”
Herrera said nothing in return.
Gun-loving Texan’
Defense attorney Armen Merjanian advocated for his client’s right to possess the weapons he had during both arrests — the latter of which was a bond violation. When it came to the defense to argue for a lesser sentence, the lawyer accused the judge of not liking guns — a remark that prompted Bynum’s ire as inappropriate and inaccurate.
“He’s a gun-loving Texan,” Merjanian said. “He has a right to possess these weapons whether we like them or not.”
The Galleria, which is private property, prohibits firearms. Police officials noted in court records that the Galleria outlines its firearm policy on its website and at the mall entrance. Texas law does not necessarily restrict who can carry a long gun — which forced prosecutors to prove that Herrera carried the weapons in a manner to cause alarm.
A Harris County magistrate issued a general order bond for Herrera’s release soon after that first arrest. He failed to show up for his first court appearance and authorities deemed him a fugitive.
The lawyer, in an attempt to explain Herrera’s actions, said his client had been fearful of his neighbors and an ex-girlfriend and that he felt that law enforcement had let him down following past 911 calls. That fear led him to the next incident.
“Vigilantism is discouraged,” Merjanian continued. “He felt like his cries were not being heard and that’s why he went to the FBI field office.”
On the morning of March 18, Herrera — wanted for more than a month after failing to appear in court — drove to the FBI field office in northwest Houston.
He arrived around 7:45 a.m. at the security gate at 1 Justice Park for a purported “meeting with the FBI Director,” a remark that struck Special Agent Torrence White as alarming, he testified, because the director, Christopher Wray, is based in Washington D.C., not Houston.
When asked, Herrera said he did not know the FBI director’s name but that he wanted a meeting about returning to Argentina.
A security contractor noticed a handgun in Herrera’s lap and called for backup. White arrived and ordered Herrera to show his hands and get out of the vehicle — which he did. White then asked Herrera why he brought a weapon to the field office.
“He informed me that the weapon was for his protection against police,” White testified Thursday during the sentencing.
In the car, authorities found several boxes of ammunition in the trunk. The handgun, which was legally obtained, was purchased online and had been in Herrera’s possession for about two months, according to court records.
The arrest at the field office prompted Bynum to raise his bail to $100,000 and Herrera has remained jailed since. For the FBI incident, Herrera accepted a plea agreement Monday that sentenced him to one year in the Harris County Jail, with credit for time served. The six months stemming from the disorderly conduct conviction was stacked onto that punishment.
He didn’t hesitate’
Prosecutors lauded the Houston police sergeant who confronted Herrera for likely stopping violence, noting that the defendant was “an arm’s reach” from the door where young dancers were competing.
“He didn't hesitate,” prosecutor Jacob Salinas said.
The 41-year-old sergeant, Kendrick Simpo, testified Monday about his role in apprehending Herrera.
The 14-year HPD veteran chose to keep his firearm holstered as he searched the Galleria for Herrera to avoid panic. Few shoppers were in the mall but it was open to morning strollers and the dance competition.
Herrera walked by the Macy’s department store, up the escalators and toward the ballroom “with purpose.” He was about 10 feet from the doors to the competition area when they crossed paths, Simpo said Friday to the Chronicle.
Simpo chose again not to draw his weapon because it was too late — he would be at a disadvantage, he said. He was in the open with nowhere to find distance or cover should his attempt to stop the gunman take a turn for the worse. The encounter, he knew, would be physical.
“I could possibly be shot and it was going to hurt but that’s when the fight-or-flight kicked in,” Simpo said. “I decided to fight.”
At this point, Herrera had already seen Simpo. He and another security officer appeared poised to calmly walk past the gunman when Simpo suddenly pushed the officer out of the way and grabbed the barrel of the long gun from behind. He knew that the rifle could easily fire at any point and strike him but tried to keep it pointed at the ground or his own legs.
Within seconds, Simpo wrestled Herrera to the ground and disarmed him of the Radical Firearms rifle and a Taurus semi-automatic handgun.
“I caught him off guard,” Simpo continued.
Simpo notes that Herrera’s intent wasn’t known but that his presence “didn’t sit right with me.”
He acknowledged the limitations on prosecuting Herrera.
“The DA's office did the best of their ability to make sure they could keep this guy in jail,” said Simpo, who is expected to receive a commendation from HPD for his effort that day at the Galleria..
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Originally Posted by jh9
