Update: Marine to face trial for wife's murder - WNCT

Update: Marine to face trial for wife's murder

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JACKSONVILLE, N.C. -

A former Camp Lejeune marine will go to trial on charges that he murdered his wife.

25-year-old Juan Hernandez was arraigned in Onslow County Superior court Tuesday for the murder of his 20-year-old wife Kandace. Deputies say he shot her in the back in this house in Richlands; during an argument over drugs and money back in 2011.

During his arraignment, District Attorney Ernie Lee announced the state would not seek the death penalty.
 
"In North Carolina, in order to have a capital case or a death penalty case, you must have the existence of at least one or more aggravating circumstances," said Lee.
 
Lee says an aggravating circumstance is something that makes a murder especially heinous or cruel.
 
There were no aggravating factors found in this case and Lee says the trial is scheduled to begin in May, barring any setbacks.
 
"There could be other issues that come up between now and then in terms of discovery, lab reports, those type things. We're still waiting on a lab report from the State Bureau of Investigation," said Lee.
 
And with the S.B.I. lab back-ups 9 On Your Side reported on this month, a delay is likely.
 
The trial is scheduled to start May 13th. Hernandez entered a plea of not guilty on the grounds of self defense.
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