GUILTY ID - Stefanie Comack, 18, shot to death, St Maries, 25 Dec 2011

SheWhoMustNotBeNamed

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Herrera pled not guilty to his charges and claims it to be an accident. Despite having threatened Stefanie with a gun a week prior. Despite the evidence showing that the gun was fired at very close range. Despite fleeing he scene and running once the cops arrived. (I'll find links later. This is my hometown, and I'm here for the holidays, so I've heard the news.)

Stefanie's service is today. Rest in peace, beautiful girl.
 
VICTIM'S PARENTS SUE FOR DAMAGES

The parents of Stefanie Comack have sued the parents of Joseph Herrera for wrongful death. Ms. Comack died from a gunshot wound to the head Christmas Day. Herrera was arrested and charged with second-degree murder for her death. Suzan Comack and James Comack charge their daughter's death was due to the negligence of his parents, because they owned the pistol used to shoot their daughter.

Joseph Herrera, the man accused of shooting Stefanie, will appear in court at 1:30 p.m. Monday to ask for a bond reduction. His preliminary hearing has been rescheduled for March 26 on account that the defense needs more time to prepare. At that hearing the state will argue that there is sufficient evidence to try Herrera for second-degree murder.

http://www.facebook.com/pages/St-Maries-Gazette-Record/181216955240356
 
Father of St. Maries murder victim seeking justice

Three months after the Christmas Day shooting death of 18-year-old Stefanie Comack, her grieving father says he will stop at nothing to get justice for his daughter.

[snip]

“Doug Payne's statement to my family is, he has to settle because the county commissioners say it costs too much to run a murder trial,” Comack said.

More: http://www.kxly.com/news/north-idah...eeking-justice/-/101230/10101366/-/124cc7b/-/
 
Tempers flare at hearing

At least six law enforcement personnel were on hand Friday for the arraignment of Joseph Herrera.

[snip]

Emotions resurfaced after Herrera pleaded not guilty and some obscenities and remarks from those who attended were muttered which escalated after Herrera’s supporters made remarks expressing concern for the defendant.

[snip]

Herrera was escorted out a back door. His trial, expected to last a week, has not been scheduled.

More: http://www.gazetterecord.com/articl...08638cc4c007b8945a82d471046b48c3fc3fe44ae6e7b
 
St. Maries murder trial under way

A jury was seated Tuesday for a 29-year-old St. Maries man accused of shooting to death his girlfriend on Christmas day 2011.

http://www.cdapress.com/news/local_news/article_d7e80054-1467-5b24-a808-c4f9e08f0867.html



Dad disrupts murder trial

The murder trial of a 29-year-old St. Maries man accused of deliberately shooting to death his girlfriend was halted temporarily this morning by an emotional outburst by the victim’s father.

[snip]

With most of the courtroom lights off, the jury watched footage from a Benewah County sheriff’s deputy’s “body cam” in the front yard of the Herreras’ house at 319 14th St. Police and sheriff’s deputies often wear cell-phone sized cameras on their shirts and turn them on when responding to certain incidents.

[snip]

While he could be seen yelling on the video, he began roaring this morning from the back of the courtroom at Herrera.

More: http://www.cdapress.com/news/local_news/article_00f6cdb0-d3be-11e2-a23b-001a4bcf887a.html
 
ISP DETECTIVE, FORENSIC SCIENTIST OPEN SECOND DAY OF TESTIMONY

The investigator testified to finding drug paraphernalia in the bedroom where Ms. Comack was shot.

Both marijuana and methamphetamine were found.



HERRERA’S POLICE INTERVIEW FOCUS OF MORNING SESSION

During the 45-minute interview Herrera repeated several times that the shooting was an accident. Police, however, were not convinced. At the conclusion of the interview they arrested Herrera for second degree murder.

Earlier in the morning, Derek Barden testified that Herrera came to his house after he left the scene of the shooting. Mr. Barden said Herrera feared for his safety after an altercation between Ms. Comack's parents and police at the home where Ms. Comack was shot.

Mr. Barden and Herrera drove to the top of Cherry Creek, a remote area a few miles from St. Maries. Mr. Barden eventually contacted Dan Ducommun and had him take Herrera out of town while he returned to St. Maries to learn more about what happened.


JUST NOW: JUDGE GIBLER DENIES MOTION FOR MISTRIAL

The motion came minutes after Kaytlin Comack started testifying following the noon recess. Ms. Comack made reference to a bruise on her sister, Stefanie Comack's arm.


POWER OUTAGE POSTPONES HERRERA TRIAL

The prosecution has four witnesses left to call; two of those witnesses are physicians who are not available to testify until Tuesday. Judge Gibler decided not to resume the trial until Tuesday, June 18.


https://www.facebook.com/pages/St-Maries-Gazette-Record/181216955240356?ref=br_tf
 
Murder suspect takes stand

[snip]

Aiken said her examination of Comack's wound showed the gun was touching Comack's forehead on the right side when it was fired.

"I have no doubt it's a contact gunshot wound," Aiken told the 1st District Court jury under questioning from Payne.

[snip]

A doctor who examined Comack at Benewah Community Hospital in St. Maries immediately after the shooting also testified it was a contact wound.

[snip]

While she loaded up her backpack, he grabbed one of his father's handguns, he said.

He was sitting on a rocking chair next to the bed with the gun when he pointed it at the side of his head and said he would rather shoot himself than go to her mother's house.

"I was just trying to express a point," he said. The clip was out of the gun, he said, and he didn't think there was a round in the chamber.
Herrera said Comack, who was crouched down near him, grabbed the gun and pulled it away from his head.

Siebe asked, "Do you recall how it went off?"

"No," Herrera answered.

He said he had never fired the weapon before.

"Are you guilty of second-degree murder?" Siebe said.

"No, I am not," Herrera said.

More: http://www.cdapress.com/news/local_news/article_b80ad642-5e13-5424-b2a9-e14e2281f198.html
 
JURY DELIBERATES HERRERA VERDICT

The jury in the Joseph Herrera trial started deliberations at about 11:15 this morning.

The jury retired to its chambers after hearing closing arguments from Prosecutor Doug Payne and defense attorney Jim Siebe.

Mr. Payne spoke for one hour and urged the jury to reach a verdict of guilty of second degree murder.

Mr. Siebe, who spoke for 45 minutes, said his client was guilty of involuntary manslaughter.

https://www.facebook.com/pages/St-Maries-Gazette-Record/181216955240356
 
GUILTY
Joseph Herrera has been found guilty of murder in the second degree for the shooting death of Stefanie Comack, December 25, 2011.

:)

Sentencing is set for August 29 at 3 p.m. in Coeur d'Alene ID.



This happened in a very small town where I grew up. I was back home for Christmas. I remember sitting with my family when we heard the helicopter coming to transport her. Word spreads fast in towns that small. Shock all around. I went to school with this guy's brothers, and her brother. And the murderer was only a few years ahead of me. It's a very bittersweet day for everyone in our tiny town. Justice for "Bug" and all that new her. May they be able to get some sense of peace from this.
 
GUILTY
Joseph Herrera has been found guilty of murder in the second degree for the shooting death of Stefanie Comack, December 25, 2011.

:)

Sentencing is set for August 29 at 3 p.m. in Coeur d'Alene ID.



This happened in a very small town where I grew up. I was back home for Christmas. I remember sitting with my family when we heard the helicopter coming to transport her. Word spreads fast in towns that small. Shock all around. I went to school with this guy's brothers, and her brother. And the murderer was only a few years ahead of me. It's a very bittersweet day for everyone in our tiny town. Justice for "Bug" and all that new her. May they be able to get some sense of peace from this.

Whew I am glad to hear this.
 
The second-degree murder conviction of a St. Maries man who is in prison for killing his girlfriend was confirmed by the Idaho Supreme Court after it considered a second appeal in a case that goes back seven years.

Justices agreed in a ruling last week that arguments brought by Joseph D. Herrera, 35, were not convincing enough to again reconsider sentencing.

Court upholds murder sentence
 

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