Charles Russian Lovelady never got to hold his youngest son.
The 22-year-old Des Moines man was shot and killed in July 2022 in what prosecutors say was a botched robbery. Three people were subsequently charged with murder and robbery after Lovelady’s death, and on Friday the first of those cases ended with a 35-year prison sentence for one of the defendants, 23-year-old Darion Hermes.
Prosecutors have said that Hermes and co-defendants Violet Terry and Cedrick Thomas Jr. arranged to purchase marijuana from Lovelady with the intent to rob him, during which Lovelady was shot and fatally wounded. Hermes, who pleaded guilty to voluntary manslaughter and first-degree robbery, admitted that he helped plan the robbery and provided firearms, but that he did not fire the fatal shot.
Lovelady left behind a 2-year-old son, and his second son was born after his death. Damia Miller, the child’s mother, said in her victim impact statement that her son will never have his father there to watch him grow up and teach him how to be a man.
“I fear that our son not having his father physically here will affect him in the future,” she said. “…There is nothing like the feeling of the love he would feel if Charles were here today.”
The defense demanded a minimum sentence of 12.5 years
Under Hermes’ plea agreement, the parties agreed that his sentences could run consecutively to a maximum of 35 years in prison. Remaining in dispute was the length of the mandatory minimum Hermes would have to serve before being eligible for parole.
Attorney Nick Bailey asked Judge Celene Gogerty for a minimum term of 12.5 years, the shortest term allowed by law. Bailey pointed to Hermes’ relative youth and his chaotic upbringing and struggles with mental health and addiction as factors weighing toward leniency.
“He did a terrible thing in this case. He has taken responsibility for his role in that terrible case,” Bailey said.
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But prosecutor Nan Horvat asked for the longest possible mandatory minimum of 17.5 years for Hermes, noting that he had been out of jail for barely a month at the time of the robbery on a previous firearms charge.
“He didn’t do well on the streets, so the state wants him to stay in prison as long as possible to protect the community from future crimes,” she said.
Judge: suspect on ‘path of destruction’
Gogerty sided with the state and sentenced Hermes to a prison term of at least 17.5 years. He must also pay $150,000 in restitution to Lovelady’s family.
The judge acknowledged Hermes’ “difficult childhood” but said numerous efforts to provide services and interventions had failed to deter him from “the path of destruction.”
‘You are a young man, but you have been given so many opportunities to put your life on the right track. And yet here we are,” Gogerty said, noting that Hermes’ criminal record appears to indicate his offending is escalating. “The courts have given you every opportunity to change things, and it hasn’t made any difference at this point. I think you need the maximum amount of time for rehabilitation, and I absolutely think the community needs to be protected from you.”
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Hermes spoke briefly, telling Lovelady’s family that he regretted what happened and wished he could go back and change it.
“I’m not a monster. I’ve made terrible decisions. But I will make myself better while I’m in prison, and I hope that one day they will find it in their hearts to forgive me,” he said.
Family remembers Lovelady as loving father, brother, son
In their statements, Lovelady’s family members described the devastation they felt after “Chucky’s” death.
“Because of you, we are crushed, broken and will never heal,” his grandmother, JoAnn Hughes, told Hermes. “Every family member and friend feels the pain that Chucky is not with us, and it is all because of you.”
LaToya Lovelady-Ware, his mother, acknowledged her son had chosen to sell drugs but said there was no excuse for shooting him.
“I have the biggest void in my heart, my soul, my mind,” Ware said. “It’s just unimaginable that my baby isn’t here.”
She also noted that Lovelady’s death has painful historical resonance for her family. His uncle, also named Charles Lovelady, was murdered in 2000 after a dispute with two bouncers over a barcode dress code. The bouncers were later acquitted of involuntary manslaughter.
‘We’ve been here before. Our Charleses in our family seem to have that light and that smile that keeps us together,” Ware said. “And every time one of our Charleses dies, it seems like our family falls into depression, just like us.”
A case is still pending against two suspects
Hermes’ conviction means murder charges remain pending against Terry, 21, and Thomas, 28.
Prosecutors have said in court filings that Terry has agreed to testify for the state, meaning her case will be resolved after Thomas’s indictment. Thomas, who faces life in prison if convicted, is due to stand trial in July but recently changed lawyers and could seek a delay.
In handwritten letters to the court, Thomas has accused Terry of lying in statements against him and claimed prosecutors are violating his right to a fair trial.
William Morris covers courts for the Des Moines Register. He can be reached at wrmorris2@registermedia.com or 715-573-8166.
This article originally appeared on the Des Moines Register: Des Moines man gets 35 years in 2022 fatal shooting in drug robbery
