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Woman describes how her ex-common-law husband killed man
Berlanga accused of killing his ex-wife's new boyfriend 20 years ago
Berlanga's first trial in December ended in a mistrial.
CORPUS CHRISTI — For the second time in little more than a month a woman testified Wednesday she saw her former common-law husband shoot and kill a man in her bedroom 20 years ago.
Esteban Berlanga, 49, is being tried in the 1989 shooting death of 43-year-old Guadalupe Davila. Davila had been dating Berlanga's former common-law wife, Connie Herrera.
Berlanga's first murder trial in December ended in a mistrial after a juror and one of the victim's family members were seen talking and hugging.
Herrera testified that in the early morning hours of Jan. 19, 1989, she was awakened by the sound of Berlanga forcing open her bedroom door after her son had let him into the house. Davila, who had been in bed with her, stood up and asked Berlanga in Spanish what was going on and if they could talk outside.
Herrera said Berlanga replied back in Spanish saying something similar to "your time's up" or "it's over" before firing off several shots. She said at the time she already had broken up with Berlanga and had no plans to reconcile with him.
Berlanga was arrested and charged with murder the day of the shooting, but authorities said he left town after he posted bail. He had eluded capture until last April when he was arrested in North Carolina.
Defense attorney Fred Jimenez offered a different version of the shooting, saying Berlanga had gone to the house only to get a birthday gift from Herrera and acted in self-defense.
He also questioned Herrera about differences in her testimony from the previous trial, including who had turned on the lights and whether Davila had walked toward Berlanga.
Prosecutor Michael McCaig argued to the judge that the jury should be able to see the entire transcript of Herrera's testimony from the last trial because Jimenez was using only portions to try and impeach her testimony.
District Judge Nanette Hasette said that matter could be discussed today before testimony resumes in the 28th District Court.
