Bakersfield lawmakers call on Newsom to overturn parole for child murderer

Convicted child murderer Josue Herrera could be let out of prison unless Gov. Gavin Newsom intervenes.

Kern County lawmakers are crossing party lines to come together and urge Gov. Gavin Newsom to keep a convicted child murderer in jail. 

Asm. Jasmeet Bains (D–Delano), Asm. Stan Ellis (R–Bakersfield) and Sen. Shannon Grove (R–Bakersfield) penned a joint letter asking Newsom to overturn a decision from the California Board of Parole Hearings to grant parole to convicted murderer Josue Herrera. 

Driving the news: Herrera was convicted of murdering a two-year-old boy in 2008. The child suffered a depressed skull fracture, which was caused by blunt force strikes to the head. The child also suffered from detached retinas and hemorrhaging in both eyes. 

  • Herrera was the boyfriend of the child’s mother and was living with them. 
  • A Kern County judge sentenced Herrera to 25 years to life in 2010 for murder and assault of a child causing great bodily injury. 
  • Last month the Board of Parole Hearings ruled that Herrera has had good behavior in prison and does not pose a risk to public safety anymore. The board also found that Herrera has remorse for murdering the child. 
  • Herrera was granted parole despite an objection from the Kern County District Attorney’s Office. 

Go deeper: While he did not have any formal marks on his prison record, the Kern County District Attorney’s Office said Herrera violated the rules of the prison daily. 

  • One of those violations involved being part of a restitution avoidance scam. 

What they’re saying: “Josue Herrera is a danger to our communities, and his parole would result in a complete miscarriage of justice for the victim’s family,” the lawmakers wrote in their letter to Newsom. 

  • Bains added, “There is no excuse for failing to hold the worst of the worst accountable. That’s why I am carrying legislation to triple the penalty for child torture. Heinous criminals like Mr. Herrera have no business being freed.”  
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