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HOLLIDAYSBURG -- The Altoona man who threw a stainless steel water pitcher across a Blair County courtroom after being convicted in October of seven drug-trafficking offenses has been sentenced to 25 to 127 years' incarceration.
Darwin Herring Sr., 39, apologized in court on Tuesday for the pitcher-throwing incident that led to criminal charges that are pending.
While the pending charges weren't considered in the sentence handed down Tuesday morning, Blair County Judge Jackie Bernard included Herring's "almost brawl-like behavior" among the reasons for the lengthy incarceration time.
"It does show a continuing disregard and disrespect for the court," Bernard said.
While no one was injured, a county large-screen TV was smashed.
State Deputy Attorney General Michael Madeira, who prosecuted Herring, secured guilty verdicts on five charges of delivery of methamphetamine, one count of criminal conspiracy and one court of criminal use of a communication facility.
Madeira, pointing to Herring's lengthy criminal history and his sale of what were described as significant amounts of methamphetamine, asked Bernard to consider 60 to 120 years' incarceration.
Despite Bernard imposing a minimum of 25 years, Madeira said he was very satisfied with the sentence.
"The court imposed a strongly supported sentence, and I do understand her justification," the prosecutor said.
The judge spoke of Herring's criminal history that began in 1996 when he was a juvenile charged with simple assault. That was followed by numerous charges that had him in and out of the county's criminal justice system, the judge said as she called him a poor candidate for rehabilitation.
"He's had numerous opportunities to revise his behavior," she said.
Herring, who had wiped his eyes while listening to family members ask for leniency on his behalf, remained composed while Bernard dictated the sentencing order.
The judge assigned jail time to each of Herring's seven convictions, then ordered that each sentence be served consecutively.
Before she imposed sentence, Herring tried to convince her that he had changed.
"I haven't been in trouble for over 10 years," Herring told the judge.
He spoke of having started a barbershop business, a food truck business and ice cream truck business.
"I try my best to do the right thing," Herring said.
Family members described Herring as generous, kind and loving.
"My son has the biggest heart in the world," Cynthia Herring of Pittsburgh said.
In response, Madeira said: "As much as they love him, nothing changes the fact that Mr. Herring sold drugs. It's time for him to pay the piper."
Herring's drug-trafficking charges developed from a grand jury investigation into an organization, operating in 2018 and 2019, that brought in thousands of dollars of methamphetamine to Blair County from Philadelphia.
Trial testimony outlined five methamphetamine sales -- ranging from 0.3 to 17.48 grams -- that Herring made to a confidential informant on March 21, 25, April 10, 15 and May 9, 2019, inside or behind a Greenwood motel.
Herring, represented by attorney James E. DePasquale of Pittsburgh, tried to convince the jury that the confidential informant was lying for her own benefit.
In her sentencing order, Bernard recognized Herring as a middle-level dealer for the drug-trafficking organization. She referenced a sentence handed down to co-defendant Elroy Wise of 20 to 40 years and to co-defendant Shawn Avery Jackson of 15 to 30 years. While they had higher roles in the organization, the judge said, both of their sentences were negotiated in exchange for their guilty pleas.
Bernard also reminded Herring of his failure to attend court on the day of his jury selection in October. Herring reportedly told his attorney that he was in Monroeville and couldn't attend jury selection because he had been exposed to COVID-19.
Bernard said Tuesday that when sheriff deputies apprehended Herring at a Monroeville hotel, Herring was found with drugs. In his plea before the judge, Herring said he was using those drugs, not selling them.
Mirror Staff Writer Kay Stephens is at 814-946-7456.