Pepo Herd El, a 40-year-old man, was arrested on March 27, 2020, at the Nubian Square MBTA station in Boston for carrying a loaded .40 caliber firearm. The firearm, loaded with 15 rounds of ammunition, was in Herd El’s possession despite his lack of a license to carry. Following his arrest, it was revealed that Herd El was a convicted felon, legally prohibited from possessing firearms or ammunition.
He was sentenced to Time served plus 10 days (approximately 49 months in prison) and three years of supervised release.
Court documents reveal that Herd El is an adherent of the sovereign citizen movement. Herd El submitted a “Violation Warning” addressed to a federal judge, accusing them of acting outside constitutional authority. He cited provisions such as 18 U.S.C. § 242 and 42 U.S.C. § 1983 to assert that his rights were violated, a common tactic among sovereign citizens. The filings also included arguments regarding “Article III courts” and allegations of judicial overreach. See photos for some of his other sovereign citizen paperwork.
Herd El was evaluated by the Federal Medical Center in Butner, North Carolina. According to the Certificate of Mental Disease or Defect, Herd El was found incompetent to stand trial due to a mental illness. The evaluation determined that his release would pose a substantial risk of harm to others or damage to property. As a result, federal prosecutors sought authorization for involuntary medication under Sell v. United States, 539 U.S. 166 (2003), to attempt to restore his competency. Given his sentencing, it is likely that he was deemed competent and will be sent to prison.