SAN DIEGO – A man who allegedly shot another man in a Pacific Beach condominium during a fist fight will stand trial for murder on Jan. 8, 2026.
Richard Kyle Herrman, 33, was to have faced trial on Oct. 14 over the death of Gabriel Fergus, 51, but it was delayed until Jan. 8 at the request of both attorneys.
The trial will be before San Diego Superior Court Judge Aaron Katz after attorneys and Katz select a jury. Many trials start up in early January, once the Christmas and New Year’s holidays are concluded.
Herrman was ordered to stand trial on Aug. 25 in a preliminary hearing after a judge held him to answer for murder, possession of a firearm and ammunition by a felon.
Herrman’s parents owned the unit in the 1600 block of Chalcedony Street where he lived.
Fergus also stayed there, but apparently didn’t have a key, so he would ring a buzzer and someone would let him inside, according to witnesses.
Police detectives testified that the two men engaged in a fight before the shooting. Fergus was shot once in the chest at 10:10 p.m. during the fistfight, and was pronounced dead at the scene.
Herrman remains in the Rocky Mountain Detention Facility on $2 million bail. He has pleaded not guilty.
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