Coroner rules Gulf War veteran's death at Santa Rita Jail a homicide

DUBLIN, Calif. - Nearly 14 months after he died, the Alameda County Coroner's Office has released findings showing that a Gulf War veteran was the victim of homicide by another inmate at Santa Rita Jail.

Michael Hermon died on March 24, 2019. He was 47 years old. 

However, his autopsy and subsequent "incident report" stemming from his death both were only released within the last month following a Public Records Request by this news organization. 

Hermon is among 47 inmates to die at Santa Rita Jail since 2014 and one of four homicides, according to an investigation by this news organization. Santa Rita Jail has the highest in-custody jail death rate in the Bay Area. 

While he was arrested long before the coronavirus pandemic broke out, the Alameda County Public Defender noted that if Hermon had been arrested today, the COVID-19 zero bail schedule would have allowed him to have been released immediately. His bail was originally set at $140,000. 

In another cruel twist of unfortunate timing, Hermon had also finally been granted a stay at Veterans Treatment Court to address his drinking problem, records show. If he hadn't been punched, ultimately to death, he could have left jail the very next day. 

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"Mr. Hermon’s death was unnecessary and completely avoidable," Public Defender Brendon Woods said. "It was 100 percent caused by him being held in jail when he should not have been there. He got arrested while clearly in the midst of a mental health crisis." 

Woods emphasized that Hermon's death highlights the problem with the money bail system, where only people with means can get out of custody, and it illustrates just how dangerous jail is in general, no matter what the circumstances.

"Locking people in cages is a form of violence," Woods said. "Confinement makes conflict more likely and makes those conflicts more dangerous."

In response, Sheriff Sgt. Ray Kelly said: "The jail is safer and not as dangerous as the streets of Alameda County right now." His office has been highly critical of the zero bail program, allowing people arrested with low-level offenses to be allowed to await their court hearings at home. 

But Hermon was not afforded zero bail.

That program was only established in April as a direct result of coronavirus to avoid crowded the jails with suspects who might have and spread the coronavirus.

Back then, the District Attorney's Office had agreed with public defenders that Hermon could be released on his own recognizance after he fired off a gun from inside his van last February. 

But Superior Court Judge Delia Trevino ordered Hermon to be sent to Santa Rita to await his court hearings. 

In prior emails, the Alameda County Sheriff's Office disputed the fact that Hermon should count as one of the jail's in-custody deaths. That's because the office said it released Hermon on "compassionate release" at the hospital. 

The story of how Hermon died and the immediate events that led up to it, are described in documents that show he succumbed to his injuries following a fight with a cellmate.

The coroner's report states that Hermon -- a military veteran, father of three, and a former professor -- died by homicide. No one will be charged for his death. 

The Alameda County District Attorney's Office reviewed the case and decided not to charge the inmate. A spokeswoman did not elaborate on why. Sheriff's incident reports state that Hermon was considered the suspect, and noted he instigated the first shove. 

Hermon died by "cerebral insufficiency" and complications following blunt injuries to his head and nasal fractures, the coroner found. There was also evidence of pneumonia and cirrhosis of the liver.

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Hermon's father, who has been left without answers for more than a year, said he was shocked when he finally read the coroner's report. 

"My initial reaction was disbelief," said Thomas Hermon. "What happened in that jail sounded nothing like my son. He was the most intelligent person I ever knew. I guess I have to accept what happened." 

Hermon had been at Santa Rita for about three weeks. 

Berkeley police arrested Hermon on Feb. 21, 2019 after he fired off a gun from inside his van. No one was injured.

He had been drinking and told police he had been shooting his weapons, "but at nothing in particular," according to court documents.

The Public Defender's Office noted that "it appears that the heart of this case is debilitating alcohol abuse." 

Hermon also suffered from PTSD stemming from his work as a combat engineer during Operation Desert Storm against Iraq, the documents state. 

His girlfriend told KTVU that he had a court date on Feb. 28, 2019 to see if he could get approved for an in-patient rehabilitation center. He was wearing an ankle bracelet to ensure he would show up in court when he was arrested in Berkeley, she said.

A deputy public defender fought for Hermon to leave Santa Rita and be diverted to Veterans Court to help him with his drinking problems. The judge agreed. He was supposed to get picked up as early as March 15. 

One day earlier -- on March 14 -- Hermon got into a fight with another inmate. And that fight turned out to be deadly. 

The inmate who punched him, and whose name was redacted throughout the reports, told deputies that he thought Hermon smelled and didn't flush the toilet after he went to the bathroom. The two shared a bunk bed. 

Hermon's father said this also doesn't ring true: His son had certainly lived with other bunkmates during his military service.. He said he was not aware that his son had a hygiene problem.

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But the reports state that Hermon and his cellmate didn't get along.

On this day, Hermon pushed the inmate first. The inmate knew martial arts, kicking and punching Hermon in the nose, according to the inmate and other witness interviews. The inmate was also harmed, possibly suffering a broken pinky or hand, according to the reports. 

In the police reports, deputies described the fight as being as a "mutual combat" situation and also as "horseplaying".

While Hermon's nose was bleeding and looked out of place, the reports state, he was talking and conscious. He was cared for by jail nurses and he was eventually taken to Stanford Valley Care Hospital in Pleasanton, where he died 10 days after the fight on March 24, 2019.

"It's just extremely disquieting," Thomas Hermon said. "I guess I'll stop short of calling this story a fabrication. But my son's weapon was his wit and his tongue. Whoever hit him in the face, killed him. Even if Michael started the fight." 

Before he got arrested in Berkeley, Hermon had no criminal record, other than a previous DUI. Hermon had a PhD in history and philosophy of science from the University of Utah. He had been a professor at the University of Portland before moving to California. 

Hermon's girlfriend, Kat Alexander, said she is the one who urged Hermon to stay in the Bay Area and appear in court to face his DUI charges, even though he had left his professor job at this point and the two had been traveling, on their way to Alaska. 

"How are we going to live our lives together if you have this warrant over your head?" she recalled telling him. "Let's just get this behind us."

In retrospect, she regrets recommending he do the right thing, and she wishes they had just taken off to Mexico together.

"Now, I wish I never did," she said. "It cost him his life."

She is angry at the inmate who delivered a fatal blow to Hermon and she is angry at authorities, too.

"Somebody needs to pay," she said. "Getting shoved doesn't mean that you have the right to beat someone else to death. And the institution has the obligation to protect the inmates from each other and be accountable for the crimes in there." 

Lisa Fernandez is a reporter for KTVU. Email Lisa at lisa.fernandez@foxtv.com or call her at 510-874-0139. Or follow her on Twitter @ljfernandez