OCEANSIDE, Calif. — An Oceanside man convicted of animal abuse for attacking his neighbors' dogs has been scheduled for early release under a COVID-19 prison population reduction program.
Michelle Plaketta received a phone call last week informing her that David Herbert, the man convicted of torturing dogs in her neighborhood, is set to be released from prison next week.
“I’m in awe on his release. I was really surprised to get that phone call,” said Planketta. “I’m afraid again for him to be able to find where I live and want retaliation."
The former Navy man was convicted of poisoning and attacking his neighbors' dogs with acid in 2017. One of the dogs, a Husky, had its eye gouged out. Planketta’s retriever mix, Lulu, was taken and never found.
“Every crime that he committed, he researched it prior to doing it. And then, he researched how to get away with it after he committed it. So, that in itself says a lot about the kind of individual we're dealing with,” said Planketta.
Herbert was sentenced to eight years, eight months in prison in March 2019, but because he had served time in jail before his trial, and he had received time off his sentence for good behavior, he was eligible for parole in February 2021.
Now, under a COVID-19 program to reduce the prison population in California, Herbert will be getting out six months early.
The Oceanside police department confirmed Herbert's release date is set for Monday, August 31 and he'll be checking in with a parole agent at an office in Escondido.
It’s unclear where Herbert will be living. Planketta said neighbors need to be aware.
“Keep your pets inside. Keep your children close. Make sure your doors are locked,” she said.
The Oceanside Police Department and the San Diego County District Attorney’s office said they are not consulted before prisoners are released early.
The California Department of Corrections and Rehabilitaiton emailed News 8 the following statement:
CDCR does not publicly divulge the exact date, time or location of a release in order to protect the security of the public that may be in the area, the staff, and the inmate. CDCR will however confirm the release after the inmate has safely departed. At this time, CDCR confirms that David Herbert is scheduled to be released within the next two weeks. When released, all inmates must be in accordance with the COVID -19 testing schedule provided to the counties, which includes laboratory testing within seven days prior to release.
Herbert came to CDCR from San Diego County on September 10, 2019 convicted of first degree burglary, six counts of cruelty to an animal and an enhancement for personal use of a deadly weapon. He was sentenced to eight years and eight months in prison, per law he is eligible for one day of additional credit for each day served (50% credits). The sentencing court and the law also gave him more than 2 years of credit for time served while awaiting adjudication and related credits. He also received Positive Programming Credits. (PPC) Inmate Herbert is eligible for consideration for expedited release as part of the 365-day cohort.