Published: July 18, 2008 09:07 pm            

Man sentenced to life in prison for Eunice Street murder

The story Ernesto Hererra told police after the shooting death of his roommate did not make sense once police and prosecutors examined the evidence.

Herrera was convicted by a Whitfield County jury Friday of murder and sentenced to life in prison by Superior Court Judge Robert Adams for the killing of Osbaldo Navarro, 23, at a home at 703 Eunice St. last April. Herrera was also convicted of aggravated assault, aggravated assault on a police officer and fleeing and attempting to elude a police officer. The jury, which consisted of nine women and five men (there were two alternates), deliberated about an hour and 20 minutes.

Herrera told police the two argued and he heard a click behind Navarro which he thought could have been a knife or a cell phone. Navarro’s pocket knife was found in his pocket, still folded, according to District Attorney Kermit McManus. Navarro was shot twice when his back was turned.

The evidence showed there was no argument at that time.

“There were two men a house away who happened to be outside drinking coffee,” McManus said. “They were talking about how quiet it was in the neighborhood. Then all of the sudden they heard rapid fire gun shots and a man moaning. If they could have heard the moaning, they would have heard the arguing.”

Navarro and Herrera spent most of the day together before the shooting, McManus said. Navarro told his wife in a cell phone call to California that Herrera was talking about “strange things” including death. Herrera told police it was Navarro saying strange things. Later that day, when Herrera went to the house, Navarro asked Herrera to move out.

Herrera went to his father-in-law’s home, got a gun, and returned to Eunice Street to shoot Navarro, McManus said.

After the shooting, Herrera fled. Witnesses described his Ford Explorer and Dalton police began chasing him. At one point Herrera told a police officer as he passed him, “You’ll have to shoot me to stop me,” McManus said.

During the chase, Herrera drove his car at Dalton police officer Brandon Carter.

The investigation was outstanding from the initial interview conducted by detectives Daniel Nicholson and Barry Woods to the work done at the crime scene by Mack Flood, McManus said. Herrera was caught by officers Carter, Pat Myers and Forrest Jones.

“From the start to the finish they did an outstanding job,” McManus said.

Herrera was represented by the Conasauga Judicial Circuit’s Public Defender’s Office. Chief Public Defender Mike McCarthy did not return an after hours phone call seeking comment.

        

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