ALBUQUERQUE (KRQE) – A woman accused of killing her husband nearly two years ago is now facing charges in his death for a third time.
Investigators found Air Force Maj. Marc Herrera, 37, dead in his closet of a single gunshot wound to the head in July 2012. His wife, Amy Herrera, told investigators he forced her to pull the trigger during a party.
Months later, Herrera was indicted on first degree murder. The charge was later dismissed and Herrera was indicted on second degree murder.
Then the New Mexico Supreme Court quashed the second indictment. In an opinion issued Thursday, the court writes the prosecuting attorney violated grand jury statutes during the grand jury proceedings.
District Attorney Kari Brandenburg told KRQE News 13 they’re taking a different tack.
“It’s been an extremely unusual case,” Brandenburg said. “I can’t think of another case like this in the last 14 years.”
Herrera is again charged with first degree murder. This time there will be a preliminary hearing where a judge will decide if there’s enough evidence to take the case against Herrera to trial.
The preliminary hearing is scheduled for Aug. 18. The process will be open to the public.
“This is a sure fire way of getting what we need to get done done, and doing it in the open,” Brandenburg said.
Herrera’s attorney insisted to News 13 again Thursday that his client is not guilty and that she was defending herself.