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Judge denies adjusted sentence for Custer man convicted in DUI crash

Creative Commons

A Pennington County judge has denied the request of a Custer man convicted of vehicular homicide for an adjusted sentence.

Prosecutors say 21-year-old Nicholas Herman was driving drunk in a single-vehicle crash that killed a 17-year-old passenger in Rapid City on New Years Eve 2022. Two other passengers survived the wreck. Herman eventually pleaded guilty to vehicular homicide.

Last month, Herman’s attorney filed a motion to reconsider his decade-long prison sentence so he could complete his degree at a local trade school.

That motion, which would scrub the charge from public record, was rejected. A modification to Herman's $200,000 restitution agreement was approved though.

In a letter from the victim’s sister, Deputy Pennington County State’s Attorney Jason Thomas read that the request was seen as a “slap in the face” to the family, who had previously shown forgiveness to Herman.

The earliest Herman could be eligible for parole is July 2024.

C.J. Keene is a Rapid City-based journalist covering the legal system, education, and culture