Jerome Antonio Herbert

Leonardtown, MD — A Leonardtown man was sentenced in July to 18 months in jail for possession of cocaine. But that was only the beginning of Jerome Herbert’s penal problems. At the time of his arrest Herbert, 29, was on probation for convictions in 2009 for possession of cocaine and drug manufacture/distribution.

For the 2009 convictions Herbert received a total of three years in jail plus a suspended seven years. It was that seven-year back-up time hanging over Herbert’s head when he appeared before St. Mary’s County Circuit Court Judge Michael Stamm Nov. 6 for a violation of probation hearing.

Herbert’s attorney, Ralph Warren Sr. of Largo, said he had argued against his client accepting a plea deal in the July sentencing. At the time of that sentencing Warren told Judge Karen Abrams, “He (Herbert) thought the facts were in his favor but he didn’t want to take the risk of going to trial.”

Warren renewed that argument before Judge Stamm, saying that Herbert was the driver of the car that was stopped during a police sting in December of last year dubbed “Operation Seasons Greetings.”

With that guilty plea Herbert automatically violated one of the conditions of his probation – that he obey all laws. Herbert conceded the violation, but Warren pled for mercy for his client, asking that the judge only impose a sentence concurrent with Judge Abrams’ 18-month sentence in July. “This is a good man–really a family man,” Warren argued.

But Judge Stamm is rarely inclined to give breaks in probation violation cases. He told Herbert, “Probation is a promise. A person makes a promise to do certain things.” So the judge imposed back-up sentences of five years and two years for the 2009 convictions, but he did make them concurrent, for a total of five years. He also made the five years concurrent with Judge Abrams 18 month-sentence. So the net result will be an additional three years and six months, less the time he has already served.

That additional sentence means that Herbert will be transferred from the St. Mary’s County Detention center to the Maryland Department of Corrections and he will lose the right to have work release for the two jobs he now has.

Herbert is also being treated for injuries sustained in a major car accident that occurred while he was returning to jail from a job. Judge Stamm said he could receive the treatment he needs through the state penal system.

Contact Dick Myers at dick.myers@thebaynet.com