Chief United States District Court Judge Linda Reade sentenced 52-year-old Robert M. Hertz to 188 months in prison after he pleaded guilty to one count of possessing a firearm and ammunition as a felon.
Hertz was charged with possessing a .40 caliber rifle and 237 rounds of ammunition after he had previously been convicted of three felonies — arson, second-degree burglary, and manufacturing methamphetamine. Evidence presented at the sentencing hearing showed that Hertz attempted to obstruct justice by trying to influence a witness to conceal information from the FBI about his use and possession of guns.
Hertz was also shown to have made a number of posts on his Facebook accounts that the court said were “concerning.” The posts included describing how he had made a promise to kill another person for a friend, and remained committed to that promise, if called upon; offered to kill a woman and “bury her deep;” and on another occasion “burned the house down” around his unfaithful wife and brother-in-law.
Hertz referred to himself on Facebook as a “professional convict” stating, “I used to say there’s one thing I do well and that’s time . . . I do it real good . . . and I am known for it out there.”
In sentencing Hertz, Judge Reade noted that Hertz’s Facebook messages reflect his “criminal thinking” and were very concerning, and although he had no recent criminal convictions, his “head is still not on straight.”