BARRE — Jody Herring pleaded not guilty to one count of first degree murder in the killing of Lara Sobel, a Department of Children and Families social worker. Herring was arraigned in Washington County Superior Court on Monday.
Herring, 40, was allegedly seeking revenge after losing custody of her 9-year-old daughter as the result of a case involving Sobel. The child is currently with the father in Massachusetts.
Herring is being held without bail, and her attorney David Sleigh, a prominent defense lawyer, did not contest his client being jailed. She is charged with first degree murder for the deliberate, premeditated killing of Sobel. The charge carries a mandatory minimum 35-year sentence and could result in a life sentence without parole.
Herring is also suspected of killing three relatives prior to Sobel’s killing. No charges have yet been filed against her for the triple homicide.
The bodies of her aunt, Julie Ann Falzarano, and two cousins, Regina and Rhonda Herring, were discovered by a relative Saturday morning at Falzarano’s home on Airport Road in Berlin.
Attorney General Bill Sorrell, who is prosecuting the case, said a connection between the killing of Sobel and the three relatives is under investigation, but he was unable to provide further detail. Sorrell said in an interview following the arraignment that Herring is the only person of interest in the triple homicide investigation. Additional charges could be filed against Herring early next week, he said.
Photo by Toby Talbot
Several witnesses saw Herring shoot Sobel, 48, twice with a large caliber rifle in the parking lot outside the City Place state offices as she was leaving work at 4:45 p.m. Friday.
According to one witness account from the affidavit, Herring was in a vehicle in the City Place parking lot surveilling City Place, apparently waiting for Sobel just before the shooting. The witness said as she walked past Sobel and a man, she heard the first shot. Herring then walked toward Sobel and fired the second shot at close range as she lay on the ground, according to the affidavit. A preliminary autopsy report confirms that Sobel was shot twice in the torso and upper extremities.
Herring was subdued by three witnesses at the scene, one of whom was Washington County State’s Attorney, Scott Williams.
Williams was exercising at the Rehab Gym inside City Place and ran to the parking lot after hearing the shots. He separated Herring from the Remington .270 caliber rifle reportedly used in the killing.
Because he was a witness to the events, Williams has recused himself from Herring’s case and the Vermont Attorney General has stepped in. “I’m available to help the state and the Attorney General’s office as much as possible, but the reality is I’m a material witness. So, I can’t be involved in the legal proceedings, which is highly frustrating,” Williams said following the arraignment.
Officers report that Herring was calm after being taken into custody. En route to the Barre City Police Department she “continued to laugh and talk about the victim,” according to the affidavit.
“Prior to placing the female into the cell she was still laughing and making small talk about the incident like it was no big deal,” Det. Sgt. Hal Hayden wrote in the affidavit.
Herring later became irate when investigators attempted to interview her, railing against the police (whom she said had not helped her when she reported being beaten by a former boyfriend) and about “the injustices suffered at the hand of DCF.”
Her belt contained additional .270 caliber rounds, and police found live and spent rounds for the rifle in her vehicle and at her home at 2 Saeger Lane in South Barre. Investigators also discovered a receipt from the Berlin Walmart dated June 2 for $20.08 of ammunition.
Herring’s criminal history, released in an affidavit, should have prevented her from obtaining a firearm. In 1998, she was disqualified by Judge Walter Morris from possessing a gun. Sorrell would not comment on the rifle’s provenance or whether Herring could face additional firearm charges.
Herring has 11 misdemeanor convictions dating back to 1992, court records show. She was arrested for DUI in late June, in a case that is still pending. The convictions include heroin possession, credit card fraud, driving with a suspended license and others. In one instance, a domestic assault charge resulted in a lesser disorderly conduct conviction.
Herring also has a lengthy history in family court. Herring has three daughters and two have been removed from her custody for periods of time, according to her daughter, Desiree Herring, 20, who attended the arraignment. Desiree said her mother was upset when DCF also took away her grandchild.
“All I know is that my mother did not like DCF because they took my kid,” Desiree Herring said in an interview after the arraignment. “I got taken from her by DCF and so did my sister, so it has been a long line of things. All three of us have gotten taken so that’s enough right there for anybody to snap. For somebody to kill somebody, absolutely not, but I can see how you wouldn’t like them.”
Desiree Herring who has been estranged from Jody Herring for a number of months, said she wasn’t aware that her mother could handle a gun.
“I’m very shocked she even knew how to shoot a gun,” Desiree Herring said. “You know my family they do do hunt and stuff but never my mother.”
Her mother had a tough life, Desiree Herring said. When she was 5 years old, she found her father shot dead. Recently, her mother sought help from a psychiatrist and was taking several prescription medications, including Ritalin and Klonopin, she said.
“But I never thought that she would be capable of doing something like this, especially to my own family,” Desiree Herring said.
A few minutes later, Desiree Herring said she found it plausible that her mother was responsible not only for the death of Sobel, but also her three family members. When asked if she believed her mother killed her aunt, Julie Ann Falzarano, and two cousins, Regina and Rhonda Herring, she said, “Absolutely. One hundred percent.” The three women, she said, may have “called DCF on her” and that could be the reason. Falzarano, 78, was shot while sitting in bed, she said.
“She [Jody] was very spiteful toward everyone,” Desiree Herring said. “I mean as far as it concerns me, I fully believe she did it. She had made threats toward me before you know, granted I don’t think she would ever harm me — I am her kid — but I believe 100 percent she did that.”
Dwayne Herring told police that Jody Herring attempted to reach him Friday, according to the affidavit.
In a phone message she said, “If you think anything of your sister you’ll get a hold of me now or ASAP.” In a subsequent message sent minutes later at 3 p.m., Herring who reportedly sounded hysterical, said “watch the news you’ll wish you got ahold of me earlier.”
Sorrell’s office filed a motion for Herring to undergo a competency assessment to determine if she’s fit to stand trial. Sleigh requested a 10 day delay to gather more information before deciding whether to contest the assessment, which Superior Court Judge Kevin Griffin granted.
Speaking after the arraignment Sleigh said, “It’s just the beginning. (Herring) has pleaded not guilty and the process will play out, and I think there’s a lot that doesn’t meet the eye.”
The judiciary scheduled the arraignment in Burlington and Sorrell filed a motion for it to be held in Barre, several hundred feet from where the killing took place. Sorrell said afterward that he felt the case should be heard in Barre, out of deference to the victim’s family and others who may want to attend.
Editor’s note: Anne Galloway contributed to this report. This story was updated at 4:07 a.m. Aug. 11. Correction: An earlier version of the story said Sleigh filed a motion for the arraignment to be held in Burlington. The arraignment was scheduled to be held in Burlington, but the state filed a successful motion for it to be held in Barre. Correction (Aug. 20, 9:16 a.m.): This story orginally said Judge Edward Cashman prohibited Herring from owning a gun. It was Judge Walter Morris who imposed the condition that she not buy or possess guns in 1998 when Herring was held on bail after she was arrested for driving with a criminally suspended license. A week before going to a jury trial, Herring reached a plea agreement with the prosecutors to serve probation, but she allegedly violated it.
