Man Accused of Killing Son Had Child Abuse Record

By Anne LaJeunesse

A Santa Monica man charged with shooting his 17-year-old son to death Thursday during an argument has a history of having been charged with misdemeanor child abuse, according to Santa Monica Municipal Court records.

David Emile Herbert, 49, who police say killed his son Daoud Jabar Herbert about 10:20 a.m. Thursday with a single gunshot to the chest, was previously arrested on Dec. 23, 1993 on suspicion of inflicting corporal injury upon a child and battery -- both misdemeanors, according to court records.

The court records, however, are sketchy and give no details about the abuse allegedly inflicted on Daoud, who was shot to death by his father 61/2 years later, according to police.

Court records indicate that the senior Herbert was released on his own recognizance after his 1993 arrest and pleaded not guilty to the charges.

A bench warrant was issued for his arrest on March 24, 1994 when he failed to show up for a court-ordered appearance on the charges, but was recalled the same day for unspecified reasons.

The entire matter was dismissed "in the furtherance of justice" by Judge Laurence D. Rubin on April 4, 1994, but no details of that dismissal were included in the court file.

Discrepancies exist in the spellings of the names of both father and son -- the 1993 records, as well as L.A. County District Attorney officials, spell the father's name as "David Emile Herbert" and the son as "Daoud Herber," whereas the records from Thursday's fatal shooting spell the father's name as "David Emile Hebert" and the slain son as "Daud Hebert."

The victim's father was arrested Thursday at the family's apartment at 1528 16th Street, #B, according to police records.

Lt. Bill Brucker said Thursday that Herbert gave officers no resistance and presented himself to officers who found the boy's body inside the apartment, which was the same residence listed in court records regarding the alleged 1993 child abuse.

The gun allegedly used to kill Daoud was recovered at the scene, Brucker said.

Officers responded to the scene after receiving telephone calls reporting the sound of gunfire and arguing.

Herbert - whose bail is set at $5 million -- is scheduled to be arraigned Tuesday in Santa Monica Municipal Court.