Fort Myers man gets three years in prison after DNA connects him to firearm

Stacey Henson
| Fort Myers News-Press

 A convicted felon who fled Fort Myers police during a traffic stop was sentenced to three years, one month in prison after pleading guilty to weapons charges.

According to a press release issued Thursday by the U.S. Attorney’s Office for Middle Florida, Charles A. Herzberger, 26, of North Fort Myers will serve his time in federal prison for possessing a firearm as a convicted felon. 

Herzberger had pleaded guilty on Dec. 20 before District Judge John L. Badalamenti.

Court documents show officers from the Fort Myers Police Department observed Herzberger driving without wearing a seatbelt in December 2018.

As the officers attempted to maneuver their patrol vehicle into position to conduct a traffic stop, Herzberger pulled into a parking space at a convenience store before running from the car.

After a brief pursuit, officers apprehended Herzberger. Officers searched the vehicle and found a loaded 9mm handgun under the driver’s seat.

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DNA analysis performed by a Florida Department of Law Enforcement analyst revealed that Herzberger’s DNA profile matched the DNA on the firearm.

As a previously convicted felon, Herzberger is prohibited from possessing a firearm or ammunition under federal law. He had four firearms convictions from 2010, according to the Lee County Clerk of Court records. 

The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fort Myers Police Department, and the Florida Department of Law Enforcement investigated the cases, which Assistant U.S. Attorney Simon R. Eth prosecuted.

Herzberger’s jail record indicates he was arrested at least eight times in Lee County. His arrests include probation violations, child neglect, fleeing and eluding officers, and drug possession. 


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