ALBUQUERQUE, N.M. (KRQE) – “I wish I could kill him again.” That statement will now be allowed in the murder trial against a woman charged with killing her husband, a Kirtland airman.
The New Mexico Appeals Court made that ruling Thursday.
Herrera says Marc, an Air Force major, was abusive and forced her to take his gun, put it in his mouth and shoot him because he was suicidal.
Police and prosecutors didn’t buy her story.
His autopsy would show that the gun wasn’t in his mouth. And that the struggle she described between them in their bedroom closet, didn’t match with the evidence.
“I was in the closet taking my earrings off and then he entered the closet, he came in after me,” said Herrera.
In a hearing 2014, Herrera then changed her story and claimed the killing was in self-defense.
Marc’s family thinks she’s getting away with murder.
“I do not believe one word she has said. So why would she tell the truth about what happened in the closet,” said Marian Herrera.
Little has happened in the case the past two years as a State Appeals looked at what evidence would be allowed in a trial.
Now a judge has decided prosecutors can use a statement a friend claims Herrera made to her, that she wished should could kill her husband again.
She says Herrera made that statement after she found out from a credit card statement that Marc had been a member of “Ashley Madison,” a web site for married people looking to have an affair. In a written ruling, the judge acknowledged prosecutors could use this evidence to help show that she killed him in anger.
The autopsy did show that Marc was very drunk.
Herrera has been a free woman for a few years now while awaiting trial. No trial has been set.