ALBUQUERQUE (KRQE) – The woman who killed her Air Force major husband will go to trial for it.
On Wednesday, a judge decided she should be charged with second-degree murder and manslaughter.
Two prior indictments against Amy Herrera had both been dismissed.
A hearing has been going on the past two days to decide if she should go to trial for murder – and how severe the charge should be.
Prosecutors had been pushing for Judge Briana Zamora to consider first-degree murder, but Wednesday morning, she told the courtroom there was not probable cause for that.
She ruled Herrera should be charged with second-degree murder and manslaughter.
In July of 2012, Marc and Amy Herrera were hosting a party for a group of Ecuadorian exchange students at their home. At one point, Marc Herrera became upset and pulled out a gun. A few minutes later, they both went into a bedroom closet.
Originally, Amy Herrera told police Marc told her to shoot him, placing her hands over his to pull the trigger. A shot went off and Marc Herrera died.
In court Tuesday, her defense attorneys said Marc Herrera had been abusive and that she acted out in self defense.
On Wednesday, Marc Herrera’s family was overcome with emotion as they learned this case will go to trial.
“I think you can probably tell by the smile on my face that were ecstatic because I’ve heard for too many months talk about manslaughter, and second-degree murder is still murder,” said Marian Herrera, Marc Herrera’s mother. “We’ve known since July 2, 2012 that Amy murdered our only child and son Marc.”
Amy Herrera was immediately arraigned and plead “not guilty” to the charges.
Her bond was set at $100,000 cash or surety which she had already posted, so she’s not behind bars. No trial date has been set yet.