Craig Stedman
Douglas C. Herr died defending his "castle" on the night of Aug. 17.
Startled by the sound of armed intruders who shot their way inside his home to steal a safe filled with cash, Herr grabbed a rifle and stood his ground.
He was shot dead during an exchange of gunfire.
The three alleged assailants — brothers Kyle and Cody Wunder and Stephen Harmer — fled the Drumore Township home with an estimated $200,000. They fired at least three shotgun blasts during the late-night raid, police said.
Wild West scenes like that one are relatively uncommon in Lancaster County.
But there is the potential for a dangerous situation to develop every time a residence is burglarized, District Attorney Craig Stedman warns, because criminals have no idea what awaits them behind a closed door.
"The law needs to show criminals that our homes are our castles," Stedman said this week. Burglars "haven't been punished that way. It's an injustice."
He's seeking stiffer penalties for convicted burglars and no "volume discounts" at sentencings for serial burglars.
Through July, police across Lancaster County this year have received at least 234 reports of burglaries at homes or businesses. That's more than one a day, according to data compiled by the district attorney.
Last year, through July, there were nearly 300 such reports — or 1.4 a day. Halfway through 2010, the number was more than 1.5 a day.
Too many, according to Stedman.
The district attorney is gearing up to lobby state legislators for harsher sentences against convicted burglars. Current state sentencing guidelines call for county prison or probation for a first-time offender who breaks into an unoccupied home.
"I'm sick and tired of having people work hard and come home to somebody in their house," Stedman said. "A lot of people say they'd rather get robbed on the street at gunpoint than have their home burglarized. And (robbers) get 5 to 10 years for that."
Stedman said he'll use the Herr case as an example of what can happen when homeowners resist and fight back.
Jeff Conrad, a local defense lawyer and former prosecutor, also understands the threat in such situations.
"The burglar willing to steal when someone is home is a truly dangerous person," Conrad said this week. "The only thing worse than being burglarized while in one's own home, in my mind, would be the act of rape or murder."
Conrad didn't go so far as to say current sentencing guidelines are too low.
"Clearly, anyone who violates the sanctity of someone's home should pay with their freedom," he said. "I think the guidelines already take this into account."
A local judge and other defense lawyers agreed that they believe the current guidelines are about right.
First-timers caught breaking into an occupied home face a 1-to-2-year state prison sentence under current guidelines.
"A state sentence for a first-time offender, that's pretty stiff if you ask me," Lancaster County Judge Dennis Reinaker said. "Most of those first-time defendants are young and did something stupid without any thought of the consequences. I think they fall into the category of people whom we should be trying to rehabilitate."
He said most burglars are young males with a drug problem, desperate for a way to get their hands on some cash.
"It's quite unbelievable — and sad," Reinaker said.
Stedman also would like the Legislature to set mandatory prison terms for convicted burglars.
Currently, a first-time offender who breaks into an empty house or business faces, at most, a county prison term.
"A first-offender where no one is home is going to get probation," said James Gratton, a veteran attorney in the public defender's office who handles many clients accused of major crimes.
There are no set mandatory sentences, as there are with certain drug crimes and sex-abuse offenses.
Stedman believes that's wrong.
"We have mandatories for drug dealers, but not for criminals who break into our homes in the middle of the night?" he said. "These victims don't feel safe in their homes anymore. It takes away people's peace of mind — and nothing can bring that back.
"It's not a reactionary crime. You've got a lot of time to think about it. There is a lot of criminal intent You don't see a lot of plea bargains from me on these."
Stedman said he took the Herr case somewhat personally. He signed off on the arrest paperwork, a duty typically delegated to an assistant in his office.
He said he hopes to prosecute the three defendants himself — a rarity for a district attorney in a county with such a large caseload. Stedman said it might be impossible for him to handle the courtroom work for all three defendants because of his administrative duties.
"This case did get special attention," he said. "I've always felt strongly on this."
Reinaker said the Herr case is unusual, especially in Lancaster County.
"They knew specifically about the large sum of money kept there and targeted the residence specifically for that reason," Reinaker said of the accused killers.
"I understand these are serious offenses. I've been the victim of a home burglary, so I know the sense of violation a person feels. Believe me, I wouldn't minimize the seriousness in any way.
"But you have to look at each case individually and try to craft something that's in the best interests of all concerned. State prison for a first-time offender rarely fits into that category."
