New Jersey Superior Court Judge Peter J. Tober, presiding in state court in Somerset County, imposed the sentence on Herbst, 57, of Bridgewater, New Jersey, on August 11, 2025. The Court ruled that Herbst must serve 85 percent of the sentence, or approximately six years, as it relates to the sexual assault charge and a mandatory minimum of five years as it relates to the counts of official misconduct, before he will become eligible for parole. The sentences will be served concurrently. Herbst will also be subject to parole supervision for life following his release, and he must register as a sex offender pursuant to Megan’s Law. He was immediately taken into custody following the sentencing hearing.

Herbst was convicted in February 2025 after an approximately three-week trial of several counts of official misconduct, one count of pattern of official misconduct, one count of sexual assault (all 2nd degree crimes), and one count of criminal sexual contact (4th degree) by a jury seated in the Somerset County Superior Court.

“The defendant’s abuse of power inflicted lasting damage to his victims’ lives,” said Attorney General Matthew J. Platkin. “Today’s sentence brings some measure of justice to the victims and the community. My office will continue to work to bolster public confidence in government, to ensure the safety of all, and to combat sexual offenses in all forms.”

“Anyone who would abuse their office for sexual gratification and to commit sexual assault will be prosecuted, convicted, and sentenced to prison, as this case shows,” said Drew Skinner, Executive Director of the Office of Public Integrity and Accountability.

According to the evidence presented at trial, Herbst victimized at least three women. Starting in 2008, Herbst groped, exposed himself to, and sexually harassed a police department employee. Over the next 13 years, Herbst’s conduct escalated to sexual assault on the primary victim. The attacks often happened while he and the victim were on duty, and many of the attacks took place in police headquarters.

The jury convicted Herbst of several other abuses of power. In 2016 and 2017, he solicited sexual favors from the wife of a subordinate officer in order for that officer to receive favorable employment decisions and opportunities, including demanding oral sex from the employee’s wife in exchange for a promotion. In another incident, he demanded sexually explicit photos of a different subordinate’s wife in exchange for a schedule change.

The investigation was conducted by OPIA and the Somerset County Prosecutor’s Office.

The case was handled by OPIA Deputy Corruption Bureau Chief Marian Galietta with Deputy Attorneys General Niccole L. Sandora and Diana Bibb, with assistance from Assistant Attorney General Andrew Wellbrock. The prosecution team worked under the supervision of Bureau Co-Directors Jeffrey J. Manis and Eric Gibson, and OPIA Executive Director Skinner.

Defense counsel:

James Wronko, Esq.