New questions arise after Fabian Herrera’s defense attorney Rajan Maline told News Channel 3 on Friday that Herrera fired a gun on the morning of April 23 during a tense confrontation on orders from a Palm Springs police officer. Herrera, 36, was charged with the murder of David Spann, 33, at Spann’s Palm Springs home.
“Mr. Spann was wanted on bail for violating the terms of his bail. He was not wanted by the courts, he was not wanted by law enforcement and there was no warrant for his arrest,” said William Hutchinson, Palm Springs Police Commissioner Shelby said Nelson from News Channel 3 in a previous interview.
In an exclusive interview with Herrera’s attorney on Friday, Maline said, “There were two officers in the house with Mr. Herrera and both were in strategic positions I would call Mr. Spann, but I believe the male officer was Mr. Spann and Mr. Spann had pounced on the officer, and then the order was given to fire. “
Maline said he believes the murder charges against Herrera “make no sense” and that he would argue so in court.
“Everything he did that day was the exact opposite of someone who was guilty would have acted,” Maline said.
On the morning of the shooting, Palm Springs Police released a timeline leading to Spann’s death:
1:47 am Herrera, who is the bail agent in this case, called the Palm Springs Police Department and told us that he would go to Mr. Spann’s house to look for him and try to find him .
2:11 am We received a call from Spann stating that someone tried to break into his house and our dispatchers could hear screams in the background of that call.
2:13 am The ring alarm company for Spann’s apartment called our dispatch center to report that a panic alarm had gone off in Mr. Spann’s apartment.
2:15 p.m. One of the Palm Springs Police Department sergeants overhears the call going into Spann’s apartment and discovers someone is there trying to find him. This sergeant calls Mr. Herrera to see if something is wrong, but Mr. Herrera doesn’t answer.
02:17 Two minutes later, Mr. Herrera calls the sergeant back and says he needs immediate help from our agency. Our officers were then dispatched almost at the same time as the call to the ring alarm company. They arrive moments later.
2:18 am The bail agent tells the sergeant on the phone that Spann is armed with a knife and that he has Mr. Spann at gunpoint.
2:20 am Our officers are already on site. They announced that Spann is armed with a knife and they have used a taser. Our officer reports shots within 14 to 20 seconds. It was reported that the bail agent had fired a shot and that they called for medical attention about a minute later.
Maline claims Herrera acted in pure self-defense.
“”[The officers] did not ask [Herrera] To go they didn’t say, “Hey, we have it now, you can go.” No, they obviously needed him too, “said Maline.
In a statement, Palm Springs police responded to the request for comment:
The Palm Springs Police Department is committed to transparency and the trust in the public that it serves.
On April 23, 2021, Palm Springs Police Department officers responded to a “very chaotic” scene, Chief Reyes noted in an earlier public statement. While our staff was on site, a man identified as David Spann was shot dead by Fabian Herrera, who had identified himself as bail in the course of this investigation.
As our staff was actively investigating an incident where a man was shot and died, PSPD sought assistance from outside law enforcement to determine whether the actions of the PSPD staff and the bailiff were legal and justified. The bail agent, identified as Fabian Herrera, was eventually arrested and charged with murder.
The Riverside County District Attorney’s investigation and review of the Riverside County Sheriff’s Department found no PSPD personnel to be a criminal offense.
As a law enforcement agency, it is our duty to ensure that our actions do not interfere or disrupt a criminal process. It is our responsibility to ensure the integrity of all criminal cases and therefore our public response to certain details of this case must be limited so as not to jeopardize a fair trial for the prosecutor and the accused in this matter, Fabian Herrera. We will not comment on any details related to the actions of the defendant. Comments from the parties involved or information that may adversely affect the outcome of a fair and impartial process.
Meanwhile, the Riverside County Sheriff said Herrera was an unlicensed bail agent. However, his attorney said Herrera had the right qualifications to capture Spann.
“I don’t want to explain the legality of what he had, but he was definitely qualified and was allowed to do the job he was doing. He has the certificates to prove this,” said Maline.
On the same day that Herrera was charged, it was also revealed that he was a criminal, which prohibited him from carrying a gun. Maline said Herrera did everything right except owning the gun.
“We can’t forget that even though he had this person in a stalemate, he didn’t fire a gun. He didn’t do anything. He waited for the police to get there. He called the police and had to.” Wait for the police. Remember, he’s trying to do his job. He’s trying to get this fugitive, that’s his job, and he’s done a good job keeping him in check until the police get there. “said Maline.
Herrera’s mother, Lisa Vargas, stayed at large as of Friday. The Riverside County Sheriff issued an arrest warrant against her in connection with her involvement in the shooting. She was at the scene and helped Herrera, according to the authorities.