W.Va. man faces second sex charge

November 17, 2005|by DAVE McMILLION


A Shepherdstown, W.Va., man who was charged earlier this year after a woman claimed she was sexually assaulted during a modeling session in a Bardane, W.Va., warehouse is facing an additional charge in a similar case, according to court records.

In the recent case, a woman said David Eric Herson asked her to remove her clothing and she was instructed to perform a sex act on him, records allege.

Herson, 44, of 544 Chandler Drive, was arraigned Wednesday on a charge of employment or use of a minor in sexually explicit conduct.


The woman was 17 at the time of the alleged incident.

Herson is free on $50,000 bond.

In the recent case, the woman told West Virginia State Police about how she met Herson and that he immediately approached her about becoming a model, according to Jefferson County Magistrate Court records.

Herson told the woman that he had many contacts in the modeling industry and he could train her to be successful in the business, court records said.

The woman told police that she went to a warehouse in the Bardane Industrial Park in late March and met Herson.

The woman said Herson locked the door after they were inside and that she was asked to take off her clothes, court records state.

The woman said Herson wanted her to express different types of emotion, according court records.

The woman said Herson touched her in a way that she considered "unwanted contact" and she told Herson he could get in a lot of trouble because she was a minor, records state.

The woman said she met Herson again at the warehouse March 31 and that she was instructed to perform a sex act on him, records allege.

Herson then attempted to perform a sex act on the woman, according to court records.

In the first case, a woman said she met Herson through a modeling site on the Internet and set up an appointment to meet him April 14 at a warehouse next to the West Virginia State Police office in Bardane.

Herson allegedly told the woman that she needed confidence and that she would engage in scenarios to make sure that she was comfortable in an environment outside of her norm, according to court records.

"She asked him if there was any way to do this without being sexual and he said no," according to a criminal complaint in magistrate court.

In one of the scenarios, Herson allegedly told the woman to rip his clothes off, the complaint said. The woman removed his shirt and pulled down his pants, the complaint said.

Herson was charged with second-degree sexual assault in that incident. The case is still pending, Sgt. David Boober said Wednesday.

Herson did not show up for a hearing on the second-degree sexual assault charge, Boober said.

About three weeks ago, Herson was apprehended in Broward County, Fla., and returned to West Virginia, Boober said.

Second-degree sexual assault carries a punishment of 10 to 25 years in jail, plus a possible fine of $1,000 to $10,000, according to court records.

Employment or use of a minor in sexually explicit conduct carries a punishment of a $50,000 fine and or 10 years in prison, records state.

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