NEW MEXICO (KRQE) – A New Mexico mass murderer given four life sentences and then some, appealed his convictions. His pitch failed. 

In 2017, in a horrific act of violence, Damian Herrera shot and killed his stepfather, brother, and mother following an argument. It all happened at the family’s home in northern New Mexico. In 2022 his sister, who witnessed the murders, took the stand in his trial. She told the jury, “My mom came running from my Dad and got Brendon and asked Damian why he did it, what was wrong with him.” 

Herrera would shoot and kill another person at a gas station in Rio Arriba County hours later for no reason. He was found guilty on four counts of first-degree murder and sentenced to four consecutive terms of life behind bars. 

He also received 9.5 years for five other felonies like car theft, the chase, and trying to disarm a police officer. And for a pair of misdemeanors, resisting arrest, and assault on a police officer. Herrera tried appealing all of his charges claiming there were mistakes made during his trial. 

But the New Mexico Supreme Court agreed to only throw out one of Herrera’s two misdemeanors on the grounds of double jeopardy because he was being punished for the same crime twice. That means 364 days knocked off from his four-plus life sentences leaving in place all of Herrera’s other convictions. 

Herrera is also accused in a 5th killing. Investigators say Herrera was trying to steal a car in Taos when he shot a man to death also in 2017. His trial is scheduled for July 10.