By Logan G. Carver | AVALANCHE-JOURNAL
Tuesday, January 26, 2010
Story last updated at 1/26/2010 - 12:37 am
A man set to go before a jury of his peers for the murder of his ex-girlfriend opted instead to let a judge decide his fate.
Jesse Juan Herrera, 56, pleaded guilty Monday morning to killing 41-year-old Refugio Avalos Montez in December 2006.
364th District Judge Brad Underwood will set his punishment.
Testimony in the punishment phase began Monday afternoon before a courtroom full of Montez's sobbing relatives.
Junita Hernandez, Montez's daughter, cried as she spoke of her mother's tough love and humble nature.
"It's really hard to accept the fact that she's not here," Hernandez told the court. "It's devastating."
Hernandez broke down when Criminal District Attorney Matt Powell showed her a photograph and asked her to identify for the record her dead mother.
"How could you do that to my mom?" she yelled at Herrera. Other family members cried loudly and some exited the courtroom briefly to regain their composure.
Aurora Avalos, Montez's niece, said she drove Montez to a house to drop off a blanket, and the two drove past Herrera's house.
Avalos said he began chasing them in his car, eventually speeding ahead of them and boxing the women in. Montez got out of the car, as did Herrera, Avalos said.
Avalos said she watched as Herrera grabbed her aunt by the hair and hit her. She said the two disappeared behind the car before Herrera jumped in his car and fled.
Montez was gushing blood as she got into the car and Avalos grabbed Montez's phone and called 911. She watched in horror as her aunt collapsed.
Montez was taken to University Medical Center, where she was pronounced dead.
Several police witnesses testified a murder weapon was never located, but autopsy photos showed Montez was stabbed with a sharp object, puncturing a lung, according to medical examiner Sridhar Natarajan.
Lubbock SWAT officers forced entry into Herrera's home and arrested him about 10 hours after the murder.
Testimony is expected to resume today.
To comment on this story:
logan.carver@lubbockonline.com l 766-8704
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