Judge denies lowering bail for diabetic man accused of manslaughter

Judge denies lowering bail for diabetic man accused of manslaughter »Play Video
Kylie Hornych

In Washington County Court Wednesday, a judge decided to keep David Herman’s bail amount at $250,000. Herman is the Hillsboro teacher with diabetes who prosecutors say hit and killed 11-year old Kylie Hornych in front of her Aloha home in April.

Initially prosecutors had decided not to file criminal charges against him. But they reversed that decision following a KATU News investigation into his history of managing his disease.

He’s now charged with reckless driving and second-degree manslaughter.

In court, Kylie’s mother Kellie Hornych read this statement out loud as the judge considered whether to release Herman:

"Your honor I submit to you the question of whether Herman possess a danger to society has already been answered. He has knowingly on multiple occasions put the community at risk.  He has caused two car crashes narrowly missing one person in the first car crash and killing an innocent 11 year old little girl Kylie Hornych in the second. This is a direct result of his refusal to follow doctor's orders when it comes to his diabetic condition. There have been other occasions where ambulances have had to be called because of his failure to control his diabetes. He put his students at risk when an ambulance had to be called to his school, because of yet another failure to control his condition.  I guess it is a blessing  for others that his refusal to maintain his condition did not cause an accident in the school or school parking lot, which could have injured or killed many students who are also part of this community.

“How can we trust a man who was very aware of the risk he took when he got in his car and drove on April 4th?  He knowingly put the community at risk when he guessed how much insulin to take and my daughter paid for that risk to the community with her life when Herman slammed into her body with his speeding car as she was about to walk through our front door.

“How can we trust a man who refuses to follow his doctor's orders when it comes to something as critical as insulin dependent diabetes?  How can we possibly trust a man who Sgt. Bob Ray said was ‘very deceiving and deceptive’ while being questioned by police. Ray also said Herman did not come forward with critical information regarding the investigation.

“Your honor, of course he is going to tell you at this time he is going to follow his doctor's advice and say he will now manage his condition, yet we cannot ignore the fact that his history speaks volumes to the contrary. We also cannot ignore the fact that he will lie to accomplish his own agenda, an agenda which does not value the safety of this community or his integrity as a human being or high school teacher. A good indicator of future behavior is relevant past behavior. As we look at Herman's past behavior and lying to law enforcement I believe it is imperative that we take measures to protect the rest of society. Herman is a danger to everyone. He chooses not to use critical thinking when it comes to managing his condition, he chooses to ignore his doctor's orders and he also chooses to lie in an attempt to cover the fact that he knowingly did put the community at risk. So you see your honor he has already shown a number of times that he does not value the safety of those around him and there is nothing at this time to suggest that his behavior has changed, which means he remains a danger to this entire community."