Bio 

David Lee Herman was born on November 7, 1957. Texas Department of Criminal Justice records list his native county as Orange County, California, and his native state as California. At the time of the offense, he was 32 years old. TDCJ records also list his education level as 14 years and his prior occupation as a stockbroker. His prior prison record was listed as none.

Before the murder, Herman had a direct connection to the business where the crime occurred. TDCJ records state that he had been employed as manager of LACE, a topless nightclub in Arlington, Texas, in 1987. This earlier employment gave him familiarity with the club, its layout, and its business operations. The killing occurred two years after he had worked there.

Murder Story

On December 20, 1989, David Lee Herman went to LACE, a topless nightclub in Arlington, Texas. The club was preparing to open for the day. Jennifer E. Burns, a 21-year-old club employee, was working there along with Harold “Clay” Griffin, the club manager, and Sally Fogle, another employee. The Fifth Circuit later summarized the case by stating that Herman shot three people while robbing the Lace Club, and that Burns died from the attack.

Herman confronted Griffin at gunpoint and forced him into the office area where Burns and Fogle were present. During the robbery, Burns was made to remove money from the safe. TDCJ records state that Herman stole $20,000 from the safe, while later execution reporting listed the amount as $11,200. Because the available sources conflict on the exact amount, the safest wording is that Herman stole thousands of dollars from the club safe.

The robbery escalated into sexual violence and shootings. TDCJ records state that Burns was shot three times after fighting off an attempted sexual assault by Herman. Herman then shot all three employees. Burns died from her injuries, while Griffin and Fogle survived the shooting.

After the crime, Herman fled. He was arrested 10 days later, on December 30, 1989, in Kennedale, Texas. TDCJ records state that approximately $8,500 of the stolen money was recovered after his arrest. There were no co-defendants listed in the case.

Herman was later tried for capital murder in Tarrant County. The two surviving shooting victims testified against him. Archived execution reporting stated that the jury took only about 15 minutes to convict him of capital murder. The exact public conviction date could not be verified from the accessible sources reviewed, but TDCJ records show that Herman was received on death row on June 21, 1991.

Herman pursued appeals after his conviction and death sentence. In 1996, the United States Court of Appeals for the Fifth Circuit reviewed his federal habeas appeal. Herman argued that voir dire had been improperly restricted because his attorney was not allowed to ask certain questions about how potential jurors would evaluate mitigating evidence. The Fifth Circuit rejected the claim, denied a certificate of probable cause, and dismissed the appeal.

One day before his scheduled execution, Herman attempted suicide in his death row cell by using a blade from a disposable razor to cut his throat and wrist. He was taken to a hospital, treated, and returned to prison. The execution proceeded as scheduled.

David Lee Herman was executed by lethal injection in Texas on April 2, 1997. TDCJ lists him as execution number 110, TDCJ number 999003, age 39, from Tarrant County. His final statement included an apology to the victim’s family and a statement of love to his own family and friends.