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Manchester man who shot victim in face sentenced to 14 to 30 years
Hebert was originally charge with second-degree murder in the shooting death of the 21-year-old Samniego at Ferry and South Main streets at 3 a.m. July 17, 2011.
Hebert pleaded to the manslaughter charge last month in Hillsborough County Superior Court North.
Judge David Garfunkel said the sentence is intended as a message to the community about the consequences of the reckless use of firearms.
Garfunkel said the two men were strangers, and although Samniego was drunk and insulted Hebert, he was unarmed.
All Hebert had to do was drive away, said Garfunkel, but he circled back and shot Samniego at close range. Only then did Hebert drive away, leaving Samniego to die on the pavement.
Hebert was credited with 790 days of pretrial confinement and can apply for a suspension of the remainder of his sentence after serving two-thirds of the minimum.
He must also pay restitution for burial expenses and must have no contact with the victim's family.
Hebert was originally indicted on two second-degree murder charges, one alleging he recklessly caused Samniego's death, the other that he knowingly did so. He had been scheduled for trial, but pleaded guilty to manslaughter Aug. 19, in a so-called "naked plea" with no agreement on sentencing.
Defense attorneys Caroline Smith and Eric Raymond suggested the man they say is a model prisoner at the Valley Street Jail, serving as a mentor to other prisoners and a model even for corrections officers, should be sentenced to as little as five years.
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