Prison staff let convict kill cellmate due for release: Suit

Inset: Jacob Herman (Nevada Department of Corrections). Background: High Desert State Prison in Indian Springs, Nev., where Jacob Herman was allegedly murdered by his cellmate just days before Herman was scheduled to be released (KTNV/YouTube).

A Las Vegas inmate, nearing the end of a 12 to 36-month sentence for larceny, met a tragic end when he was reportedly stabbed and strangled by his cellmate. This cellmate, a convicted murderer notorious for killing a mother and her 10-year-old son with a hammer, allegedly carried out the attack just days before the inmate was set to be released. The victim’s family has since filed a lawsuit against the Nevada Department of Corrections, accusing them of neglecting clear warnings that the cellmate intended to kill, as detailed in the lawsuit.

According to the legal complaint submitted by Jacob Herman’s family, the cellmate had explicitly threatened to kill Herman if they were placed in the same cell. The complaint highlights this chilling warning.

The lawsuit argues that systemic issues like overcrowding, inadequate staffing, and neglect of protective measures contributed to the conditions leading to Herman’s death. It accuses the authorities of indifference to Herman’s safety, despite his cellmate’s violent history and the fact that, with a life sentence, he had nothing to lose.

Identified under the alias “King,” the cellmate allegedly attacked Herman in cellblock 4C at High Desert State Prison, located in Indian Springs. The Nevada Department of Corrections announced Herman’s death on July 17 through a press release, just a day after the incident occurred.

The press release stated, “Herman, 35, was serving a sentence of 12 to 36 months for larceny from a person.” He had been under the custody of the Nevada Department of Corrections since May 20, 2024, coming from Clark County.

“King” had previously been convicted for the brutal sexual assault and murder of a woman and her young son, whom he attacked with a hammer. He also attempted to murder the woman’s husband in the same manner, although the man survived. King is serving a life sentence without the possibility of parole for these heinous acts, including the robbery, kidnapping, and sexual assault of a minor under 14, as stated in the complaint.

The complaint accuses King of having a documented history of mental illness, including incidents of “running and shouting in the cellblock,” and failing to obey corrections officer commands to return to his cell the day of Herman’s death. But that didn’t stop prison officials from housing Herman, who pleaded guilty to larceny in 2023, with him just days before he was set to be released, his family says.

“Most troubling … Jacob’s cellmate King told [corrections officers] when Jacob was assigned to his cell that King did not want Jacob housed with him and was going to kill Jacob if he was put in a cell with him,” the complaint alleges. “King had loudly declared to several officers that he would kill Jacob if the defendants house Jacob with him, the defendants nevertheless housed the two inmates in the same cell.”

High Desert Prison was understaffed and “had too many inmates” for the facility at the time of Herman’s murder, according to the complaint.

This led to inmates in cellblock 4C being given cellmates and why the prison “maintained a dangerous policy of housing inmates about to be released with dangerous inmates serving life sentences,” the complaint says. Herman was allegedly supposed to be housed in protective custody.

King murdered Herman at around 2:50 a.m. on July 16 and then told corrections officers what happened, according to the complaint.

“Nevada Department of Corrections and its officers failed to protect Mr. Herman,” the complaint says. “Herman’s family seeks accountability in the hope that no other family endures such a loss within Nevada’s correctional system.”

NDOC officials did not respond to Law&Crime’s requests for comment Wednesday.

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