ALBUQUERQUE (KRQE) - The woman accused of killing her husband, a major in the U.S. Air Force, has been re-indicted by a grand jury.
The result: a second-degree murder charge that disappoints the victim's family because it carries less time in prison if Amy Herrera is convicted.
District Attorney Kari Brandenburg says prosecutors presented the case to a grand jury on Monday, asking Herrera be tried for an open count of murder. The open count includes first-degree murder as one of the possible offenses.
Marc Herrera, 37, died of a gunshot would in their northeast Albuquerque home last July. Amy Herrera told police she and her husband were having a party when he got upset and held her down in their closet, telling her he had nothing to live for.
She claimed he then put a gun in his mouth and forced her to pull the trigger.
Two months later the Office of the Medical Investigator ruled Marc's death was a homicide .
Police started investigating Herrera, saying her story didn't make sense and that Herrera confessed to a friend she murdered her husband.
Herrera was indicted at the end of October; she was re-indicted this week.
"It went back to the grand jury because the defense attorney, it's my understanding, filed a motion and said that some evidence was presented that should not have been presented," Brandenburg said.
Brandenburg told KRQE News 13 it's not common, although not uncommon, that someone is re-indicted. She said even with an open count of murder, it can be quite difficult to prove first-degree murder.
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