Memo shows Herring asked for light sentence

— By BRADLY GILL

Staff writer

A response to a sentencing memorandum presented by the United States in the case of a fraudulent will created by Camden resident Donna Herring after the death of Deepwater Horizon survivor Matthew Seth Jacobs shows that she asked for a lighter sentence due to her grieving the deceased and “doing what (the deceased) would have wanted.”

All charges stem from a federal indictment indicating the defendants in the falsification of a will belonging to Matthew Seth Jacobs, who was injured in a Deepwater Horizon oil-rig explosion and received a multi-million-dollar settlement, which was payable beginning April 2012.

Jacobs died in an automobile accident on Jan. 19, 2015, at the age of 34.

After Jacobs’ death, his son - Jordan Jacobs, along with Matthew Jacobs’ brother - Laurence Reed, searched Jacobs’ home for his last will and testament but were unable to locate it. On Jan. 25, 2015, Donna Herring claimed to have discovered in a gun safe in Jacobs’ home a sealed envelope containing a duplicate of the will and testament. The ‘will’ left Jacobs’ son $50,000 for his education, and the remaining assets to Herring’s daughter.

Court documents also show that Marion Diane Kinley and John Wayne Kinley Jr. - Herring’s sister and brother-in-law - helped Herring create a fraudulent last will and testament on Jacobs online by using a debit card assigned to Marion Kinley on the FormSwift.com website.

All four parties have been free on bond and await sentencing.

A memorandum from Herring’s defense attorney states,

“It is clear that Ms. Herring is more culpable than either of the Kinleys; thus, she agreed to a two-level enhancement for her role in the offense. Her elevated culpability is therefore accounted for in her guideline range.

“However, there were others who participated in the offense who are at least as culpable as Ms. Herring. Alex Peterson had no responsibility for fraudulent will. If the Court sustains Ms. Herring’s objections to the PSR’s findings of two additional points for loss and two additional points for sophisticated means, Ms. Herring guideline level is 20, and her sentencing range is 33-41 months imprisonment.

“Ms. Herring submits that a sentence below the guideline range is sufficient but not greater than necessary to achieve the statutory sentencing purposes. Ms. Herring’s conduct was abhorrent.

“However, the Court should take into consideration that at the time of the offense, Ms. Herring was grieving the loss of someone she loved very much and was not thinking clearly. She believed at the time that she was doing what Matt would have wanted, however misguided and reprehensible her efforts actually were.

“She has been villainized by the media and many in the community – she did not have anything to do with Matt’s death. She cannot find a job in the community in which she has lived her adult life and is judged by nearly every person she comes in contact with.

“She has been continuously harassed by Jordan Jacobs’ family and people close to him for two years, them driving by her house frequently and saying horrible things about her and her family on social media and around the community.

“She is remorseful and has accepted responsibility for her role in this offense. She has assisted in efforts to return property to the estate.

“This offense will now arguably define her life. If the Court overrules Ms. Herring’s objections, her guideline level is 24 and the sentencing range is 51-63 months’ imprisonment. and her reputation for the remainder of it. She did not commit this offense out of malice. She realizes now that committing a crime is the wrong way to try to fulfill what she believed were Matt’s wishes.

“She asks for the Court’s consideration of the circumstances of the offense, not as an excuse but as an explanation as the true circumstances in which she acted, and to find that she is not deserving of a lengthy prison term.”

The United States answered the referendum in part with:

“The United States Supreme Court has stated the process in determining a reasonable sentence is to correctly calculate the defendant’s Sentencing Guidelines range and then consider Title 18 U.S.C. § 3553(a), making an individualized assessment based on the facts presented... Herring’s conduct was deliberate and required months of execution to keep the scheme moving forward until distribution of the estate by the Probate Court.

“Herring would have the Court believe that her conduct is somehow mitigated because of any sorrow she felt for Jacobs’ passing. Bereavement might mitigate a crime of passion, but not the yearlong execution of a scheme to defraud.

“Because economic and fraud-based crimes are more rational, cool and calculated than sudden crimes of passion or opportunity, these crimes are prime candidates for general deterrence.” United States v. Martin, 455 F.3d 1227, 1240 (11th Cir. 2006). A guideline sentence would achieve the goals of 18 U.S.C. § 3553. ...The United States prays for a sentence that will promote respect for the law, provide just punishment and adequately deter other similarly inclined citizens. According, the United States requests a guideline sentence.

“For the reasons set forth above, the United States asserts that the enhancements for use of sophisticated means is proper. Therefore, the United States respectfully requests this Court to apply the above sentencing enhancements, which reflect a fair application of the Sentencing Guidelines and sentence Donna Herring within the advisory guideline range.”

Texts from Herring presented as evidence shows conversations with Jacobs’ family members. A text from Feb. 9 2015, to Jacobs’s sister-in-law from Herring talks about the previous engagement of Jacobs to Peterson saying: “Well you should feel the regret of not letting them get married that’s what eating Doug up.”

Another text to Jacobs’ brother in Jan. 21 2015, four days before the fraud scheme was enacted, asks: “did you get in the gun safe cause if you didn’t someone did.”

On the Jan. 26, 2015, Herring talks about her daughter: “She is very emotional tonight, so we can’t do any searching.”

Another text from her reads: “If she (the daughter) loses this house and jeep it will push her over the edge. It’s not material things it’s sentimental.”

A June 2015 conversation states: “the garage code is the same as the safe.”

Jacobs’ brother questions Herring her about a BMW that turned around in the driveway of Jacobs’ house.

Herring’s statement shows that she watched the house, at least at some point: “I know an it’s purple and I bet it’s the same (racial slur) - n in the Infiniti. Purple=BMW= (racial slur) - N), lol.

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