Brandon Kessler sits with his attorney Terry Grenga prior to sentencing Friday in Columbiana County Common Pleas Court for tampering with evidence and obstructing justice related to the murder of Robert E. “Hubba” Herron last year, with county Deputy Sheriff Nick Rusyn standing guard. (Photo by Mary Ann Greier)

LISBON — The Wellsville man who testified earlier this fall that he tossed the gun used by Jeno Wall to kill Robert E. “Hubba” Herron into the Ohio River last year faced his punishment Friday — five years in prison.

Brandon Kessler, 42, 10th Street, appeared with his defense attorney, Terry Grenga, in the custody of a Columbiana County sheriff’s deputy before county Common Pleas Court Judge Scott Washam. Washam followed the recommendation of the prosecution in sentencing Kessler to the maximum three years for obstructing justice and then two years for tampering with evidence, both third-degree felonies with the terms to be served consecutively for a total of five years.

“The seriousness of Mr. Kessler’s actions cannot be adequately put into words,” county Assistant Prosecutor Tammie Riley Jones said.

Kessler pleaded guilty to both charges in September and as part of the plea deal, had to testify in the jury trial of Herron’s accused killer, Jeno Wall, 35, Steubenville, who was found guilty and sentenced to life in prison without the possibility of parole for aggravated murder and a murder count merged for sentencing, plus an additional three years for a firearm specification and an additional three years for intimidation of an attorney, victim or witness in a criminal case, a third-degree felony.

Kessler testified about what happened the night of Sept. 9, 2024 when he saw Wall shoot Herron with a 9 mm gun which he said Wall placed in a bag at Kessler’s house on 10th Street, Wellsville not long after the shooting and told him to get rid of it. He dumped the gun in the Ohio River off of Riverside in Wellsville.

Jones said Kessler’s failure to “come clean” about everything continued for a significant period of time even after he first spoke to police and was less than honest. She said he gave them information, but not all information, particular about his part in dumping the gun.

“That’s a significant piece of evidence,” Jones said, adding that by the time he did tell them, the time that passed made it impossible to recover the gun.

He had choices, she said, and he’ll say he was afraid, which he said during testimony at Wall’s trial, but he had choices.

“The choices that he made were poor and assisted the individual who had just shot somebody,” he said.

Herron’s mother, Roberta “Bobbi Jean” Pratt, attended the sentencing with her daughter, Latasha Herron, Hubba’s older sister, and spoke about her son’s death. She started by telling the court about something that happened before his death on Aug. 13, 2024, when he found out there was a warrant for him that was issued because of Kessler. Apparently Kessler had accused him of taking some things from his property, according to testimony during the Wall trial.

Pratt said he went into rehab and when he got out, he was just staying with friends. That warrant was still out there and if her son had been picked up on that warrant, he would still be alive today, she said.

She was at work on Sept. 9 and her son was supposed to come home on Sept. 10 and he was going to stay clean. She admitted he was no angel, but he was her son. When she got the call about his death, she was in shock and didn’t remember anything for a year of her life.

Pratt said Kessler could have stopped it and could have called the cops about the warrant.

“I brought my son home, but I brought him home in a box,” she said.

She told the judge, “these people are still breathing, they’re still talking, they still have family, and I don’t have my son,” also noting that her daughter no longer has her brother and for her other son’s high school graduation, she could only bring Hubba’s photo because he was no longer here.

Pratt said he took that all away over nothing, no reason.

Grenga spoke on behalf of her client, saying he expresses his sympathy to Mr. Herron’s family, but also noting that Jeno Wall is the person who shot Mr. Herron. She said Kessler left out information when he spoke to police that may have been helpful, but at the time, Wall was still out of jail and had not been charged. She said Kessler gave significant cooperation in the case and testified and was in fear for his life and the life of his family because he was threatened by Wall and he took those threats seriously.

She said he understands he must be punished, but Grenga asked for community control or concurrent sentences.

“He’s going to go to prison as a snitch,” she said, noting that he’ll serve the sentence given but he’ll also face the sentence the other inmates give him.

“I know what I did was wrong,” Kessler said. “I’m truly sorry for not coming forward.”

He said he has family, that his kids need him and talked about his father, who was present in the courtroom, having some health issues. He said he was just asking for a chance, admitting he was high when the shooting occurred, but he’s been sober about a year and still needs some help.

“I am sorry. I apologize to his family. I didn’t know that was going to happen,” Kessler said about the shooting.

Kessler lived within walking distance of the property of James R “Jimmy” Howell, where the shooting took place in Wellsville. Howell also testified about witnessing the shooting. Only Wall and Kessler faced charges related to the incident.

mgreier@mojonews.com