Pacific Beach fatal condo shooting case reaches jury as courtroom plays audio of the gunshot
Trial centers on a Jan. 26, 2025 shooting inside a Pacific Beach condominium after a reported fistfight
A San Diego Superior Court jury has heard audio evidence that includes the gunshot prosecutors say killed a man during a late-night confrontation inside a Pacific Beach condominium. The case focuses on the death of Gabriel Fergus, 51, who was shot once in the chest during an incident reported around 10:10 p.m. on Jan. 26, 2025, at a residence in the 1600 block of Chalcedony Street near Jewell Street.
The defendant, Richard Kyle Herrman, 33, has pleaded not guilty. Court records and prior hearing testimony describe a dispute that escalated into a physical fight before the shooting. Herrman also faces charges related to firearm and ammunition possession restrictions, including allegations tied to prohibited possession status.
What is known about the night of the shooting
Police were dispatched at roughly 10:15 p.m. after a 911 report described a violent argument followed by gunfire. Officers arriving at the condominium complex detained a man outside who was in possession of a firearm. Inside a bedroom, officers located Fergus suffering from a gunshot wound; he was pronounced dead at the scene.
Testimony in earlier proceedings indicated the men knew each other and had both stayed at the unit. Witness accounts also described Fergus as someone who would sometimes need to be let into the building, using a buzzer or otherwise trying to gain access.
Charges and courtroom focus
Herrman is being tried on a murder charge, along with firearms-related counts that were added as the case moved through preliminary proceedings. Prosecutors have emphasized evidence intended to reconstruct the timeline leading up to the fatal shot, including witness accounts of the fight and the audio recording played in court.
In cases involving audio evidence, jurors are often asked to weigh how the recording aligns with witness testimony, physical evidence, and the defendant’s claimed state of mind.
Timeline: delays and key procedural steps
Jan. 26, 2025: Fergus is fatally shot at the Pacific Beach condominium; police detain and arrest Herrman at the scene.
Aug. 25, 2025: A judge orders Herrman to stand trial following preliminary hearing testimony and evidence presentation.
Oct. 2025: The trial date is postponed after both sides request a delay.
Jan. 8, 2026: Trial proceedings are scheduled to move forward in San Diego Superior Court; jury selection and presentation of evidence follow.
Custody status and what comes next
Herrman has remained in custody with bail set at $2 million. The trial is expected to continue with additional testimony and evidentiary presentations aimed at clarifying the moments before and after the shot was fired, the nature of the confrontation, and the legal questions surrounding intent and the defendant’s firearm status.
Jurors will ultimately be asked to determine whether the evidence proves the charged offenses beyond a reasonable doubt under California law.