First defendant sentenced to 35 years in 2022 fatal drug robbery shooting
Charles Russian Lovelady never got to hold his youngest son.
The 22-year-old Des Moines man was shot and killed in July 2022, in what prosecutors believe was a botched robbery attempt. Three people were subsequently charged with murder and robbery in Lovelady's death, and on Friday, the first of those cases ended with a 35-year prison sentence for one of the defendants, 23-year-old Darion Hermes.
Prosecutors have said Hermes and codefendants Violet Terry and Cedrick Thomas Jr. arranged to buy marijuana from Lovelady with the intent to rob him, during which Lovelady was shot and fatally wounded. Hermes, who pleaded guilty to voluntary manslaughter and first-degree robbery, admitted to helping plan the robbery and providing firearms, although not to firing the fatal shot.
Lovelady left behind a 2-year-old son, and his second son was born after his death. Damia Miller, the child's mother, said in her victim impact statement that her son will never have his father there to watch him grown and teach him to be a man.
"I fear the fact that our son not having his dad physically here will affect him in the future," she said. "… There’s nothing like the feeling of the love he would feel if Charles were here today."
Defense asked for 12½-year minimum sentence
Under Hermes' plea agreement, the parties agreed his sentences would run consecutively for up to 35 years in prison. Left in dispute was the length of the mandatory minimum Hermes would have to serve before being eligible for parole.
Defense attorney Nick Bailey asked Judge Celene Gogerty for a minimum term of 12½ years, the shortest allowed by law. Bailey pointed to Hermes' relative youth and his chaotic upbringing and struggles with mental health and addiction as factors weighing toward leniency.
"He’s done a terrible thing in this case. He’s taken ownership for his role in that terrible thing," Bailey said.
Court news: Mistrial declared in case of Altoona woman who claims self defense in boyfriend's killing
But prosecutor Nan Horvat asked for the longest possible mandatory minimum of 17½ years for Hermes, noting that at the time of the robbery, he was barely a month out of prison for a previous firearm charge.
"He didn’t do very well while out on the streets, so the state wants him to stay in the penitentiary for as long as possible to protect the community from future crimes," she said.
Judge: defendant on 'path of destruction'
Gogerty sided with the state, sentencing Hermes to serve at least 17½ years. He also must pay $150,000 in restitution to Lovelady's family.
The judge acknowledged Hermes' "difficult childhood," but said numerous attempts to provide services and interventions had failed to deter him from "the path of destruction."
"You are a young man, but you’ve been given so many opportunities to set your life straight. And yet here we are," Gogerty said, noting that Hermes' criminal record appears to show his offenses escalating. "Courts have given you every opportunity to change things, and it hasn’t made any difference at this point. I think you need the maximum time for rehabilitation, and I definitely think the community needs to be protected from you."
More: 15-year-old Ellipsis resident charged with murder in killing of staff member
Hermes spoke briefly, telling Lovelady's family he was sorry for what happened and wished he could go back and change it.
"I’m not a monster. I did make terrible decisions. But I will make myself better while I am incarcerated, and I hope one day they can find it in their heart to forgive me," he said.
Family remembers Lovelady as loving father, brother, son
In their statements, Lovelady's relatives described the devastation they felt after "Chucky's" death.
"Because of you, we are crushed, broken and will never heal," his grandmother, JoAnn Hughes, told Hermes. "Every family family member and friend feels the pain of Chucky not being with us, and it’s all because of you."
LaToya Lovelady-Ware, his mother, acknowledged her son had chosen to sell drugs, but said there was no excuse for them to shoot him.
"I’ve got the hugest void in my heart, my soul, my mind," Ware said. "It’s just unfathomable for my baby to not be here."
She also noted Lovelady's death carries painful historical resonance for her family. His uncle, also named Charles Lovelady, was killed in 2000 after a dispute with two bouncers over a bar's dress code. The bouncers were later acquitted of involuntary manslaughter.
"We’ve been here before. Our Charleses in our family seem to be that light and that smile that holds us together," Ware said. "And every time one of our Charleses goes, our family just seems to go into depression, as we are."
Cases still pending against two defendants
Hermes' sentencing leaves murder charges still pending against Terry, 21, and Thomas, 28.
Prosecutors have said in court filings that Terry has agreed to testify for the state, meaning her case will be resolved after Thomas' charges. Thomas, who faces life in prison if convicted, is set for trial in July, but recently changed attorneys and could seek a postponement.
In handwritten letters to the court, Thomas has accused Terry of lying in depositions against him and claimed prosecutors are violating his right to due process.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
This article originally appeared on Des Moines Register: Des Moines man gets 35 years in 2022 fatal drug robbery shooting
