Herrera pleads not guilty

January 11, 2011 • Local News

Israel S. Herrera, 22, pleaded not guilty at his arraignment on charges of first-degree murder, tampering with evidence and shooting at or from a motor vehicle, in 5th Judicial District Court on Monday. Herrera is accused of the Nov. 22 shooting death of Stephen Foster, 25.

According to the criminal [auth] complaint filed in magistrate court on Nov. 23, Foster was shot in the head while driving a friend’s van in front of the residence at 104 W. Walnut St. Foster was the son of Dana Dryden, former publisher of the Roswell Daily Record. According to the criminal complaint, Foster and his passenger went to Herrera’s house. Foster got out of the vehicle at Herrera’s house; a witness heard Foster talking, but could not tell to whom.

An eyewitness testified in Magistrate court that she “heard a pop and then he (Foster) was dead.” Detective Albert Aldana said he found casings in the front yard, and a firearm and a magazine located in the garbage can of a nearby home. Officials also found blood spattered on Herrera’s hands and clothes immediately after the shooting. A docket call is scheduled for Jan. 18.

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