The United States Attorney's Office for the Middle District of Pennsylvania, announced that a felony Criminal Information charging Brian Michael Herdman, age 52, of Dingmans Ferry, Pennsylvania, was filed in the United States District Court in Scranton, Monday.
According to United States Attorney Peter J. Smith, Herdman was charged with allegedly assaulting a United States Park Ranger at the Delaware Water Gap National Recreational Area on September 4, 2013.
The investigation was conducted by the United States Park Service and Federal Bureau of Investigation. The case is assigned to Assistant United States Attorney Todd K. Hinkley.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is eight years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Source: U.S. Department of Justice, Office of the United States Attorneys
