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Herrera, guilty of second- degree murder

October 1, 2011 • Local News

The jury delivered a guilty of second- degree murder verdict against Israel Herrera, 22, Friday, after three hours of deliberation. Herrera was charged with felony murder after the Nov. 22, homicide of Stephen Foster, 25.

The shooting took place after Foster arrived at Herrera’s home on West Walnut Street, around 10 p.m. According to State’s witness, Foster returned to the vehicle, backed out of the driveway and started to drive away when a single shot rang out.

In New Mexico, felony murder is a capital offense and refers to any killing that results during the commission of a felony, in this case shooting at or from a motor vehicle. The sentence for felony murder is 30 years to life imprisonment.

Generally speaking, second-degree murder is killing another without sufficient provocation, but without premeditation or deliberation, in other words, killing someone without planning to do so in advance. The sentence for second-degree murder is 15 years.

Before the jury went into deliberation, the defense provided a taped deposition from Ray Login to read more

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