Judge to decide if woman will be charged with husband’s murder

ALBUQUERQUE (KRQE) – Did a woman murder her Air Force husband or did he make her kill him? A judge is trying to decide if Amy Herrera should go to trial for murder, and had both sides lay out their arguments Monday.

The television show, 48 Hours, was in the courtroom as the prosecution argued why Herrera should be charged with murder and the defense argued why she shouldn’t. The court will decide whether Amy should go to trial and if so, the severity of the murder charge.

“The defendant killed Marc Herrera. I don’t think there’s going to be any question about that judge.”

Prosecutor Troy Davis said Herrera should be charged with first-degree murder for the death of her Air Force husband. The defense disagrees.

“This was a tragic and untimely death, but there was no crime,” says Defense Attorney Lupe Preciado.

Preciado claims Marc’s behavior was erratic and bizarre and brought about his own death.

APD Officer David Kisser was the first to take the stand and one of the first to arrive on scene on the night of July 1, 2012. He said he questioned Herrera, who told him she and Marc were throwing a party that night for their Ecuadorian exchange student. She told him Marc had been drinking and became frustrated the teen girls and boys were mingling in one of the bedrooms.

According to his testimony, that’s when Marc got his gun and threatened a student.

When Herrera tried to talk him down, it sparked an argument in their bedroom and it moved to their closet. That’s when Kisser says Herrera claimed her husband pointed a gun at her and said he had nothing left to live for.

“That he had called her worthless. That he had taken the gun which was in his hand and grabbed her hand, placed it on the gun with her finger on the trigger then his hand over top of that…said that the gun just went off,” said Kisser.

“Did you find that unusual? Her statement?” asked Davis.

“The situation did seem unusual,” Kisser responded.

APD Detective Eric Beckstrom told the court police first thought Marc Herrera’s death was a suicide.

“We were told to process the scene as is,” Beckstrom said.

Yet, he said he would have called it in as a homicide.

“I would have made it a call out,” said Beckstrom.

After an autopsy, Marc’s death was ruled a homicide.

Herrera was indicted on first-degree murder charges months after Marc’s death, but those charges were dropped. She was then indicted for second-degree murder, but the state supreme court struck that down because of a grand jury issue.

The hearing picks back up Tuesday at 9:30 a.m.

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