CHAMPAIGN, Ill. (WCIA) — A Champaign man is being accused of first-degree murder for the second time, just two years apart.

22-year-old Zaire Herman faced a jury this past summer but was acquitted of the charge from a 2023 deadly shooting. Eight months later, Herman was back in court, once again accused of killing a man with a gun. The most-recent shooting happened Sunday afternoon near Third St. and Burr Oak Court.

Police found 31-year-old Anthony Miller shot in a car. He was taken to the hospital where he underwent surgery and died on Monday.

In court on Tuesday, the office of the Champaign County State’s Attorney revealed that Miller was shot while his three children, all under the age of 4, sat in the car with him. They said a rifle was used to shoot Miller in the head.

A female witness told police she saw a man crouching down with a rifle before she heard multiple shots being fired. She then saw that same man running away. 

Herman was found near the scene of the shooting and arrested wearing clothing consistent with the person seen in surveillance video running from the car. 

“When Mr. Herman was found, he was wearing very distinctive pants,” said Associate Judge Brett Olmstead. “They’re black pants with large white flowers, and that is absolutely consistent with what the video showed of the person who had the rifle at the apartment complex.”

In the surveillance video, the suspect is seen carrying a rifle while wearing a ski mask and a purple glove. Herman did not have any of those things on him at the time of his arrest. The gun was later found thrown onto a roof. 

“That location is between the scene of the shooting and where Mr. Herman was found,” Olmstead said. 

Sunday is far from the first time Herman has come face-to-face with police. 

“At the age of 22, Mr. Herman has already amassed a serious and dangerous criminal record,” Olmstead said.

The Champaign County State’s Attorney, Julia Rietz, said he has a record dating back to when he was a minor in 2016. 

“He had opportunities at community-based sentences and services as a juvenile but ultimately failed to take advantage of those services and committed offences,” Rietz said. 

In January of 2023, Herman was accused of fatally shooting 21-year-old Jalen Williams in the chest. Days after the shooting, he was arrested after showing up at a hospital. 

“He had a gunshot wound to his hand and he claimed that it had happened at a different location where there were no reports of gunfire,” Rietz said. 

That case went to trial this past summer, where Herman was acquitted. Rietz said a lack of eyewitnesses and physical evidence are understandable reasons why a jury might not reach the court’s definition of beyond a reasonable doubt. 

During that case, Herman is accused of punching his defense attorney in the face. The State filed an aggravated battery charge in the matter, which is still pending as of now.

At the time that he was handcuffed on Sunday, there was a warrant pending for his arrest after failing to appear in court three days earlier. 

Herman’s defense attorney, Jeff Cisco, argued that because Sunday’s shooting appeared to be targeted, Herman should not be held in jail while his case is pending because his threat to the community is no longer existent. Judge Olstead disagreed. 

“Nothing’s been presented to me that of all the people on all the earth, there was only one person that Mr. Herman was ever a threat to,” Olstead said.

All things considered, Olmstead ruled that Herman will be held on pre-trial detention. 

“Mr. Herman has demonstrated through repeated conduct that he has no intention of complying with court orders, or the law, and instead, he’s going to carry a rifle around and execute what appears to be a planned murder,” he said.

If convicted, Herman could face life in prison for the murder. The investigation and police reports are ongoing.