Murder charge filed in shooting
David Cole | Hagadone News Network | UPDATED 12 years, 10 months AGO
ST. MARIES - The suspect in the Christmas day shooting death of an 18-year-old St. Maries woman has been charged with second-degree murder.
Joseph D. Herrera, 28, made his first appearance on Tuesday in a Benewah County courtroom, where Judge Patrick McFadden set his bond at $200,000. Later in the day, Herrera was taken to the Nez Perce County jail in Lewiston for holding.
Herrera's parents were seeking a private attorney for him on Tuesday. A message left at their home seeking comment was not immediately returned.
Benewah County Prosecutor Doug Payne said a medical examination of victim Stefanie A. Comack showed she was shot from "extremely close proximity." The Spokane County Medical Examiner conducted an autopsy Tuesday.
Payne said the second-degree murder charge lacks the element of premeditation.
He said a key question in this case, one that will have to be decided by a jury, is the degree of malice.
Payne said Herrera told authorities the weapon, a semi-automatic handgun, was accidentally discharged, striking Comack in the head.
Payne said the close proximity of the gun to her head suggests an accidental shooting is an unlikely explanation.
The incident happened at Herrera's parents' home, located at 319 14th St., across 14th from St. Maries Middle School.
"He told officers he was trying to unload it when it went off," Payne said.
It's been reported that Herrera and Comack were in a relationship, but Payne declined to confirm that information. He said authorities are still gathering information on that point.
Payne did say the two were arguing just before the shooting. He also said others were at the home at the time of the shooting.
Herrera is a lifelong resident of St. Maries, Payne said.
Payne's office will present evidence at a preliminary hearing in two weeks in front of a magistrate in St. Maries.
Herrera was convicted of battery in 2008. He was charged with domestic battery in 2009, but was never convicted.
In a press release Monday, St. Maries police said Comack suffered a single gunshot wound to the head and was taken to Benewah Community Hospital, in St. Maries, before being flown to Kootenai Medical Center, in Coeur d'Alene, where she later died.
Police said a 911 call was received about 11:43 a.m. Sunday reporting the shooting.
Herrera turned himself in to authorities, after first fleeing the home.
Police declined further comment Tuesday.
Payne said Idaho State Police Det. Paul Berger is leading the investigation.
This is the third homicide in Benewah County this year.
Melisa R. Bates is accused of shooting her uncle, 43-year-old Robert D. Marek, to death at his home south of St. Maries in May.
Four different people were charged with crimes related to the murder of 37-year-old Antowyn D. Swiney in Plummer in April. The primary suspect in that case, Jody A. Miller, of Spokane, is charged with first-degree murder. He's scheduled to be tried early next year.
"They say these things happen in threes," Payne said. "So I hope this is the end of it."
The county had one homicide in the previous 17 years, he said.