Trial set for former officer facing sex crime charges

Published 11:12 am Thursday, December 20, 2018

By NEAL WAGNER / Managing Editor

COLUMBIANA – A 33-year-old former Birmingham police officer is set to stand trial in early 2019 on charges alleging he sexually assaulted an Alabaster child, according to scheduling documents recently filed in Shelby County Circuit Court.

Herbinger

Joshua Richard Herbinger, who lists an address on First Place in Pleasant Grove, is set to stand trial in front of Circuit Court Judge William Bostick beginning on Feb. 11, 2019. He must appear in court for a plea date on Jan. 28, 2019.

In September 2015, Herbinger was indicted on four felony counts of sexual abuse of a child younger than 12 and one felony count of first-degree rape.

Herbinger had been a Birmingham police officer for about nine years before he was terminated from the position on Oct. 24, 2014.

The Alabaster Police Department arrested Herbinger on Oct. 20, 2014, and charged him with the first-degree rape charge after an alleged incident involving an adult victim, according to Alabaster Police Chief Curtis Rigney.

When Herbinger was arrested on Oct. 20, 2014, he was out on bond for four counts of sexual abuse of a child younger than 12, which were brought against him by Alabaster police on Oct. 9, 2014.

According to Rigney, the child sex abuse charges came after a female student in Alabaster notified her school resource officer of the allegations.

According to his arrest warrants, Herbinger’s charges stemmed from multiple incidents between Jan. 1, 2011 and Oct. 7, 2014, during which he allegedly “touched (the victim’s) privates.”

Sexual abuse of a child younger than 12 is a Class B felony, and is punishable by up to 20 years in prison upon conviction. First-degree rape is a Class A felony, and is punishable by up to life in prison upon conviction.

Herbinger has been out of jail on bond since 2014.