Herbert David Brown III.
Parole granted despite family, district attorney objection
– This week, the California Department of Corrections and Rehabilitation (CDCR) Parole Board affirmed their 2024 decision to grant early parole to convicted child murderer Herbert David Brown III (DOB 07/28/1983) of Paso Robles. Brown entered a plea of no contest in 2015 to the brutal beating murder in 2013 of his 22-month-old daughter Lily. Brown was sentenced to serve 15 years to life in state prison and has only served 12 years to date.
Lily was pronounced dead on February 19, 2013 – the day after Brown placed a 911 call to report that Lily stopped breathing. Lily had suffered multiple injuries, the most serious of which was a fractured skull consistent with striking with great force against a hard object.
“It is shameful for the Parole Board to grant Herbert David Brown III early release from prison,” said District Attorney Dan Dow. “Mr. Brown was convicted of murdering his own 22-month-old daughter Lily due to abuse he inflicted upon her while he was using and under the influence of methamphetamine. Brown, who now identifies as a woman and goes by the name ‘Allie Brown,’ was sentenced to serve 15 years to life and should have served every day of the 15 years before being considered for possible parole. I ask the Board of Parole Hearings: ‘Where is the justice for Baby Lily?’”
Brown was initially granted parole on October 30, 2024, over strenuous objections by the San Luis Obispo County District Attorney’s Office and surviving family members of young Lily, including her mother.
In March of 2025, California Governor Gavin Newsom referred the parole decision back to the parole board for review. The parole board reviewed their previous decision earlier this week and affirmed the initial early grant of parole for Brown.
In 2016, Proposition 57 claimed to only allow non-violent prisoners to be released early from prison. However, this was a misrepresentation because Proposition 57 authorized the California Department of Corrections and Rehabilitation (CDCR) to award violent offenders additional credits towards serving their indeterminate sentence. This means that even those inmates sentenced for violent offenses, like murder of a child, are eligible to be released much earlier than under the law that was in effect prior to the passage of Proposition 57.
The date of Brown’s release has not yet been determined.
Click here for more information on the CDCR Board of Parole Hearings.
Here is a timeline of the Board of Parole Hearings’ Actions Showing Early Release.
Here is a copy of the District Attorney’s Argument against early parole and the Board of Parole Hearings’ decision to affirm parole.
Update posted Oct. 27, 2015:
–Paso Robles resident Herbert David Brown III has been sentenced to 15 years to life in state prison for the murder of his 22-month old daughter, according to reports. The sentence is the minimum requirement by law. Brown has also been ordered to pay approximately $20,000 in restitution.
Brown’s daughter, Lily Sommer-Brown, was pronounced brain dead and then taken off of life support in February after sustaining several injuries, including a fractured skull and other injuries consistent with vigorous shaking.
Original story posted Sept. 25, 2015:
– On Thursday, 32-year-old Paso Robles resident Herbert David Brown III, pleaded no contest to second degree murder in the death of his 22-month-old daughter Lily Sommer-Brown.
On Feb. 18, 2013, Herbert Brown called 911 to report that his daughter had stopped breathing. She was taken to Twin Cities Hospital and then to Lucile Packard Children’s Hospital Stanford where she died of injuries she had received.
Lily had suffered several injuries, the most serious of which was a fractured skull consistent with striking with great force against a hard object. Other injuries sustained were consistent with vigorous shaking over a period of time.
The plea was taken before Judge Michael Duffy in Department 5 of the San Luis Obispo County Superior Court. Sentencing is scheduled for Oct. 27 in that department.
Brown will be sentenced to a mandatory term of 15 years to life in state prison.
Paso Robles Police Department led the investigation of this case and Deputy District Attorney Eric Dobroth is the assigned prosecutor.