Case Results


Felony Shooting reduced to Misdemeanor

A St. Charles County man was charged with unlawful use of a weapon for allegedly firing off 7 shots with an AK-47 during a a heated argument. We were able to show that the other man had started the argument, thatthe shots were warning shots, and that the other man had trespassed on our client’s property at the time of the alleged shooting. As a result, the prosecution agreed to ammend the charge to a misdemeanor with probation. So long as our client completes probation, he will not receive a conviction on his record.

No Probable Cause for Possession of Fentanyl

A St. Louis County man was charged with felony Possession of Controlled Substance after allegedly being found asleep in a car at an auto body shop. The police claimed they found a loaded syringe and fentanyl capsules in his waistband. On cross examination, Attorney Brian Cooke forced the officer to admit he had no probable cause to detain the defendant in the first place; that he couldn’t say whether the defendant was wearing jeans, sweatpants, or spandex; and that he couldn’t say for certain where he found the drugs.

Felony Assault on Police Officer Dismissed

A crawford county man was charged with felony assault on law enforcement, after allegedly resisting arrest and striking an officer during a “bad trip” on mushrooms. He was also accused of assaulting a pregnant woman. We were able to locate an indepenent witness who discredited the police officer’s allegations against our client. As a result both assault counts were dismissed and our client was able to pay a fine for resisting arrest.

Driver’s License Saved Despite DWI with .17 BAC

A St. Charles County resident was charged with DWI after allegedly failing all field sobriety tests and blowing .17 (over twice the legal limit). At the license hearing, attorney Brian Cooke was able to show that the officer who conducted the mandatory 15 minute observation period prior to the breath test did not have the proper qualifications. As a result, the breath test was inadmissable and the administrative alcohol suspension will be removed from the client’s driving record.

Felony Assault on Special Victim: Not Guilty.

A St. Louis County Man was charged with felony assault on a special victim after allegedly punching a male nurse in the emergency room. At trial, we were able to show that the nurse lied under oath about numerous facts and that the nurse had pushed him before the punch. The jury returned a quick not guilty verdict.

Attorney Brian Cooke featured in Riverfront Times Article “Mother of St. Louis’ Samurai Killer Speaks Out For the First Time”

Reposted from RiverfrontTimes.com

The mother of the so-called “Samurai Killer of South St. Louis” is speaking to the media for the first time, telling the RFT she believes her son’s legal counsel should argue that he is not guilty by reason of mental disease or defect, often referred to as the “insanity defense.”

Margie Herter says there is evidence in her son Seth Herter’s history that shows he did not know what he was doing when he slaughtered Christopher McCarthy with a samurai sword in 2018.

The killing happened in May of that year at Seth’s Northampton apartment, where McCarthy, an ex-boyfriend, was a frequent guest. On May 2, the then-29-year-old Seth called and asked McCarthy, 55, to come over. Seth later recounted to RFT reporter Doyle Murphy that he thought people were living in his walls and furniture, and he wanted McCarthy’s help getting them out.

The next day, McCarthy was found dead in the apartment’s gory, blood-soaked bathroom. McCarthy had been stabbed to death, and a samurai sword was found at the scene.

Seth was apprehended soon after and has now been in the City Justice Center for more than four years as his case works its way through the courts.

Margie Herter says that it was not new for her son to experience hallucinations and other breaks with reality. He’s suffered from hallucinations and delusions most of his adult life, a result of schizoaffective disorder. She recounts one time when her son, after getting kicked out of college in his late teens, showed up to her house wearing a dog chain around his pants. “It looped down to his feet and back around up to his pants,” she says. “It was very bizarre.”

Herter says her son has destroyed furniture in her house and turned a can of body spray into a flamethrower. One time, he threw food at her while she was driving. Another time, she encountered Seth claiming a couch was speaking to him. She views the killing of McCarthy with the sword as a tragic culmination of a sick man who never got the help he needed.

Herter says that she knows her son saw a doctor when he was in St. Louis, but she doesn’t know what medications he was on, if any. She adds that her son was getting social-security benefits for his schizophrenia while in St. Louis and there were certain requirements he met to qualify for those benefits. There were periods when he seemed to be getting in a routine and starting to take care of himself. “But then he would fall off the wagon and go back to his own thing,” she says.

“My heart has broken thinking of the man he killed and his mother and family,” Herter says. “I do not condone [Seth’s] actions, but as his mother I love him.”

An RFT story a few months after McCarthy’s killing outlined symptoms of Seth’s worsening mental health. For years, he referred to himself online as “White Rider,” in reference to the biblical Four Horsemen of the Apocalypse. He wrote about controlling all the electricity in the world and how thousands of people were clamoring to see him dance. Seth frequently did go out and dance at the intersection of Hampton and Chippewa, a clip of which made the news, further fueling his delusions of grandeur. Seth pinned religious iconography on the walls next to where he’d written strict rules he set for himself, one of which was abstinence. He frequently carried his sword with him when he was out in public.

“He told me he was dancing,” Herter says. “And I told him, you might call attention to yourself. I said, live under the radar.”

In reply, Seth told his mother he was going to be famous.

About a month before McCarthy’s death, Seth’s thoughts turned darker.

“I started to feel like it was time to start punishing people,” Seth told Murphy from jail.

When Murphy spoke to Seth, he still had friction burns from a rope he wore for a month as part of a “biblically themed penance that Herter believed would increase his powers.” The behavior has echoes of the dog chain Herter says she saw her son wearing a decade earlier.

Herter’s nephew, a professor working in Dallas at the time, was the first in the family to see the news that Seth was being accused of murder.

Herter says that she can’t remember the first four or five days after hearing the news of the murder. She felt like she was going to die. “It was like someone had hit me in my heart,” she says.

When asked if she thinks her son is not guilty by reason of insanity, Herter replies, “I think, I mean, it speaks for itself.”

According to criminal defense attorney Briane Cooke, “The defense has the burden of proving a mental disease or defect by a preponderance of the evidence. This is done by the expert testimony of a psychiatrist who has interviewed the defendant and reviewed the facts of the case.”

Cooke says the prosecution will likely try to undermine a not-guilty-by-reason-of-insanity defense by highlighting evidence that shows the defendant did understand what he was doing was wrong. Cooke says this would include “attempts to cover up a crime or evade law enforcement.”

One of the facts the prosecution may bring to bear is that after the incident, Herter fled the city in McCarthy’s SUV.

A not-guilty-by-reason-of-insanity verdict is not a free pass, Cooke says. “Where there’s a dead body, I think it’s not unrealistic to expect the person to be held for a substantial period, if not for the rest of his or her life.”

Even four years after his death, little is known about the victim, McCarthy. He went by multiple names. Many knew him as Rich. In 2018, one man who let McCarthy live with him told the RFT that McCarthy was always lying about small things that he didn’t actually need to lie about. This tendency toward deception, the source said, likely had to do with McCarthy being both gay and active in a gospel-music group unaccepting of same sex relationships.

Herter says that twice she spoke on the phone to McCarthy, whom she knew as Tim.

“When I talked to him, I said, ‘Are you aware that, you know, Seth is talking to the couch and stuff?'” She told McCarthy that she feared for his life.

But, according to Herter, he brushed off the concerns.

“I knew it was gonna happen,” Herter says. “I saw signs.”

Herter says her son told her over the phone that he was one of the Horsemen of the Apocalypse. “Right before he did what he did, that’s when he was telling me inanimate objects were talking to them,” she says.

She adds, “But none of that takes away from what he did. Did he do what he done? Absolutely. Does he bear guilt in that? There’s the question.”

Herter now talks to her son regularly. When asked how Seth regards what happened in May of 2018, Herter says, “A lot of times, he cries. He says that he loves Tim, and he misses Tim, and he’ll never forgive himself for what he done to him.”

Herter’s murder trial is still moving through the courts, with no trial date set.

“You realize you lost the future you’d hoped for your loved one,” Herter says. “And then realize it’s even worse for the other family. At least I have hope. They don’t even get that.”

Possession of Defaced Firearm: Not Guilty

A St. Louis County man was charged with possession of a defaced firearm after police searched a vehicle and claimed to have found the gun at his feet. At trial, attorney Brian Cooke forced the officer to admit that he never saw our client touching the gun and that he couldn’t say for certain who the gun belonged to. The client was found not guilty.

St. Louis Man Avoids Revocation After Three Felony Arrests on Probation

A St. Louis City Man was accused of felony resisting, possession of a firearm, tampering with a motor vehicle, and felony possession of a controlled substance while on felony probation for a weapons offense. If revoked, he faced a seven year sentence. In addition, our client was accused of failing to report and using drugs while on probation. At the hearing, we were able to persuade the judge that the evidence of arrest on the new felony cases was not admissible and that the defendant had made efforts to report. At the conclusion of the hearing the judge found that there was insufficient evidence to revoke defendant and re-instated his probation.

Probation Violation for Gun rejected by judge, early termination of Felony Probation

A St. Louis man was on probation for Unlawful Use of a Weapon. According to police who responded to a domestic disturbance, our client was in possession of a loaded 9mm handgun. At the hearing, attorney Brian Cooke was able to poke holes in the officer’s version of events. Additionally, we put on evidence that the gun actually belonged to the defendant’s brother. The judge found that there was “insufficient evidence” that the defendant actually possessed the gun. The judge went a step further and discharged our client from probation six months early based on the fact that our client was incarcerated for the meritless violation.

Jefferson County man has 5th offense felony DWI dismissed

A Jefferson County man was charged with DWI 5th offense for allegedly wrecking his car in a ditch, failing all field sobriety tests, admitting to dinking, and refusing a breathalyzer. Client had a significant black eye in his mugshot. Due to issues with witness’ cooperation (i.e. the arresting officer) the case was dismissed by prosecutor after attorney Brian Cooke set it for preliminary hearing.

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Practice Areas


  • Assault Charges
  • Drug Charges
  • DWI Charges
  • Fraud Charges
  • Weapons Offenses
  • Sex Offenses
  • Murder
  • Juvenile Offenses
  • Domestic Violence
  • Probation Violations
  • Stealing Charges
  • Traffic Tickets