May 22, 2015
By Julie Montanaro
A Tallahassee man accused of opening fire on two men - and killing one of them - has just had his conviction thrown out on appeal.
Kendrick Herring was sentenced to life in prison for the 2011 murder of Timothy Andrew.
Today, the first district court of appeals reversed his conviction saying police had no right to track his cell phone without a search warrant.
It all started on Joe Louis Street on March 18, 2011. Police say Herring fired into a car during a drug deal. Andrew died. A second man survived.
The DCA ruling shows police used real time cell phone data to find Herring that night and then seized his phone and a gun.
Herring argued that without a warrant it was an illegal search and the court agreed.
"The Appellant argues that he had an expectation of privacy in that
real-time data and law enforcement’s failure to obtain a warrant violated his Fourth Amendment rights. We agree and reverse," the order said. "It appears that the State failed to present testimony to establish that officers could not have obtained a warrant during the 2.5 hour period at issue. Further, there was no testimony that the officers made an attempt to obtain a warrant or that they considered making such an attempt."
"The moral of this story is get a warrant," Herring's appeal lawyer, Melissa Ford said.
Ford says the court ruling means any evidence seized during Herring's arrest is inadmissible, including the suspected murder weapon.
Court records say the 45 caliber handgun seized during Herring's arrest matched the projectiles found in Andrew's body and shell casings found at the scene.
The state attorney will now have to decide if they have enough other evidence to re-try Herring.
UPDATED by Julie Montanaro
October 11, 2013
It took a jury three hours this afternoon to find a Tallahassee man guilty of murder.
Kendrick Herring was on trial for the 2011 murder of Timothy Andrew.
Prosecutors say Andrew was shot and killed behind the wheel during a drug deal on Joe Louis Street. His friend was shot too, but survived.
A jury found Herring guilty of second degree murder, attempted second degree murder and two firearm charges.
The judge sentenced Herring to two life sentences in prison.
[UPDATE] 4-20 - 2:12pm
A Leon County Grand Jury grand jury indicted Kendrick Herring for the March 2011 murder of 21 year old Timothy Andrew and it also cleared Tallahassee police officer Jeff Mahoney of any wrongdoing for shooting Herring when he tried to arrest him.
On March 18, 2011, the Tallahassee Police Department responded to a reported shooting in the 1000 block of Joe Louis Street. Officers located victims of the shooting in the 700 block of Basin Street. As a result of the shooting one of the victims succumbed to his injuries.
On the following morning, March 19, 2011, investigators located the suspect, Kendick Herring, from the shooting. Herring was located in the 1500 block of Capital Circle Northwest. As investigators attempted to take Herring into custody, he refused, attempting to retrieve a handgun. As a result, Herring was shot by investigator Jeff Mahoney. Herring was transport to the Tallahassee Memorial Hospital.
Tallahassee, FL - On March 18, 2011, the Tallahassee Police Department responded to a reported shooting in the 1000 block of Joe Louis Street. Officers located victims of the shooting in the 700 block of Basin Street. As a result of the shooting one of the victims succumbed to his injuries.
On the following morning, March 19, 2011, investigators located the suspect, Kendick Herring, from the shooting. Herring was located in the 1500 block of Capital Circle Northwest. As investigators attempted to take Herring into custody, he refused, attempting to retrieve a handgun. As a result, Herring was shot by investigator Jeff Mahoney. Herring was transport to the Tallahassee Memorial Hospital, where he is still in protective custody.
Warrants have been obtained for Herring for the following: Murder and Attempted Murder for the shooting incident on Joe Louis Street and Possession of a Firearm by Convicted Felon, Carrying a Concealed Weapon/Firearm, Aggravated Assault on Law Enforcement Officer and Resisting Officer with Violence for the Officer involved shooting on Capital Circle Northwest. Upon release from the hospital, Herring will be arrested and transported to the Leon County Jail.
Suspect: Kendrick Herring, 01/31/90
UPDATE 3-20-2011 12:45PM
TPD says the victim of the homicide has been identified as Timothy Andrew, 21-years-old.
The suspect in the officer-involved shooting has been identified as Kendrick Herring, 21-years-old.
The investigation continues so details are still limited at this time.
UPDATE 3-18-2011 4:50PM by Jill Chandler
LaVerne Gosby lives on the 1000 block of Joe Louis street. She said she heard the shots. She continued, "shot say boom, and then another one say pow, pow, pow, like three shots like firecrackers. It sounded like firecrackers"
These are the sounds people living on the 1000 block of Joe Louis Street heard around 10:30 Friday night. Tallahassee Police say a suspect shot two males, then fled the scene.
Both victims were taken to Tallahassee Memorial Hospital where one died, and the other is in stable condition.
"I was standing in my door, and I saw him running.. he was coming from this way, " Gosby said.
Authorities began searching for the suspect and at 4:20 in the morning they found him at a bus stop on Capital Circle Northwest. TPD says officers tried to apprehend the suspect, but when he resisted and attempted to pull out a handgun, Investigator Jeff Mahoney shot the suspect.
TPD's policy requires an automatic administrative leave for officers if there is a death or injury to a suspect, as a precautionary measure.
According to TPD, the investigation indicates the homicide may have been been drug related.
TPD Press Release:
Friday Night (3-17) at approximately 10:30pm, The Tallahassee Police Department responded to a reported shooting located in the 1000 block of Joe Louis Street.
Officers began searching the area and found a vehicle accident in the 700 block of Basin Street. As, the investigation continued, officers located two adult males who had been shot. Both males were taken to Tallahassee Memorial Hospital, where one of the males succumbed to his injuries. The second male sustained non life threatening injuries.
Investigators responded to the scene of the shooting and developed a suspect in the homicide. Saturday morning 3-19 at 4:20am, investigators located the suspect at a bus stop in the 1500 block of Capital Circle Northwest.
Investigators attempted to apprehend the suspect, but he refused to comply and attempted to retrieve a handgun. During the encounter, Investigator Jeff Mahoney shot the suspect. The suspect was transported to Tallahassee Memorial Hospital and is expected to survive.
The preliminary investigation indicates the motive for the homicide may have been drug related. Information about the homicide and shooting are limited at this time.
The Tallahassee Police Department will provide additional information as it becomes available.