Jury deliberates in trial of man accused in Northern New Mexico shooting spree
Aug. 12—A Santa Fe County jury will resume deliberations Thursday in the trial of Damian Herrera, the Ojo Caliente man accused in a 2017 shooting spree that left five people dead across two Northern New Mexico counties.
The jury deliberated for about three hours Wednesday afternoon before a decision to reconvene Thursday morning was made.
Herrera faces counts of first-degree murder and other charges in connection with the shootings, including evading arrest and receiving or transferring a stolen vehicle. He will be tried separately for a first-degree murder charge in Taos County, but a court date has not been set yet for that case.
Herrera, 21 at the time of the shootings, is accused of killing the victims in the span of about five hours on June 15, 2017.
Prosecutors say Herrera killed his mother, Maria "Brenda" Rosita Gallegos, 49; brother Brendon Herrera, 20; and stepfather Max Trujillo Sr., 55, following an argument at the family's home in La Madera.
Brendon Herrera and Trujillo died at the scene; Gallegos died the following day.
Damian Herrera also is accused of killing 61-year-old Michael Kyte later that day in Taos County after Herrera ran out of gas in Tres Piedras and Kyte gave him a ride.
Later that same evening, prosecutors said, Herrera shot a pistol from a car window, killing 59-year-old Manuel Serrano, 59, outside Bode's General Store in Abiquiú. Herrera was arrested about 10 minutes later after crashing Kyte's car, also in Abiquiú.
During closing arguments, prosecutor Anthony Wade Long questioned the legitimacy of Herrera's testimony in the trial.
He said other witnesses' testimony corroborated with the events of the day and painted a very different timeline from Herrera's.
Herrera, who initially wasn't scheduled to take the stand in his own defense, testified earlier in the week and attempted to pin the blame for the shootings on his family members during his testimony, Long said, adding the defendant also offered offered a vague account when questioned about Serrano's death.
During closing arguments, Long showed a video of the Serrano shooting, telling jurors the victim was filling his vehicle with gas and cleaning his windshield before heading to work.
Long said Herrera was watching Serrano like "prey" before shooting him in the back.
During a brief closing argument, defense attorney Michael Rosenfield implored the jury to consider Herrera's testimony.
"Like every other witness in this case, Mr. Herrera took an oath to tell the truth," Rosenfield said. "... I think you didn't see the testimony of a cold-blooded killer."
Rosenfield also said the prosecution didn't provide enough evidence to remove reasonable doubt, and if jurors do believe Herrera fired the fatal shots, they also would have to consider whether the state proved intent, a requirement to find someone guilty of first-degree murder.
Long, standing in front of an evidence table with multiple boxes of ammunition, said the 700 rounds of ammunition Herrera is accused of stockpiling showed intent, calling the evidence "crystal clear."
Long said Herrera, now 25, didn't call 911 after the shooting and his "emotionless" testimony lacked remorse or concern.
"He ran, and that seems like a perfectly natural reaction for someone who has just killed four people, stole some credit cards, stole some guns and stole a truck," Long said. "He kept running and kept fighting."
The trial has faced several delays.
Questions were raised about Herrera's mental competence after two of Herrera's sisters said he told them he heard voices. He was sent to the state hospital in Las Vegas, N.M., after being deemed incapable of standing trial. Experts in January 2020 reversed that finding.
The case also was postponed further by the coronavirus pandemic.
