Testimony continues in Herrera trial

September 29, 2011 • Local News

The prosecution continued to present evidence Wednesday in the State of New Mexico versus Israel Herrera. Herrera is accused of felony homicide for the Nov. 22, 2010, shooting of Stephen Foster, 25.

Eyewitness Tina Rodriguez (Herrera) told about the events of the evening and how, when she went inside Hastings, she heard gun fire. Foster told her later that someone had driven past and shot at him.

Foster and Rodriguez eventually drove to Herrera’s house at 1104 W. Walnut St., she said.

After a short conversation Foster returned to the car visibly upset. As he went into reverse, she said, “He was ducking behind the dashboard, leaning to his right, over my lap.”

Rodriguez described a “pop, glass breaking, and his eyes closed and he melted on to the floor.”

She admitted under cross examination that Foster had argued with a couple of people on the phone that evening, but she said she could not say what topic was being discussed.

Assistant District Attorney Debra Hutchins then called Herrera’s girlfriend, Joanna Peña, to the stand. She was reluctant to answer questions, until Hutchins asked Judge Charles C. Currier if she could treat Peña as a hostile witness. Peña repeated that she was frightened when Foster kept banging on the door. She took her Login to read more

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