Kingsland wife sentenced 45 years in murder of 'husband'
by Alexandria Randolph
Highland Lakes Newspapers
After a lengthy deliberation by jurors, a Kingsland woman was sentenced to 45 years imprisonment Monday in Llano District Court in the August 2014 murder of her partner.
Kathryn Louise Preston, 47, was convicted of the murder of her romantic partner Jose Mario Hernandez, 23, on Monday, July 25, in the court of District Judge Evan Stubbs. Preston was sentenced to 45 years imprisonment after eight hours of deliberation by jurors.
When Hernandez was found on the morning of Tuesday, August 27, 2014 in their home in the 200 block of McGee Trail, Preston stated to Llano County Sheriff's deputies that her husband had been abusing her. Preston's attorney Austin Shell of Shell & Shell Attorneys at Law in Marble Falls said her attorneys made a solid case for self defense in the August 2014 killing, and she may pursue an appeal.
“We've made a variety of objections during the trial to preserve her appeal,” Shell said. “Self defense is an absolute defense. A person cannot be found guilty. But, with a heat of passion situation, the punishment range can be reduced.”
District Attorney Sonny McAfee said the argument for self defense fell apart due to evidence gathered at the scene of the crime.
“She claimed self defense. She said he struck her repeatedly on the arms and legs with a metal rod used to sharpen knives. She did have bruises on her arms and legs, but they were oddly spaced. They looked uniform,” he said, which may have been indicative that Preston made the marks herself.
There was also none of Preston's DNA on the rod she claimed to have been beaten with, McAfee said, and she waited from 4 p.m. Monday to 9:30 a.m. the following morning to report Hernandez' death.
“She tampered with evidence, hid evidence, and tried to burn the body,” McAfee said. “Anthony Dodson (Assistant District Attorney) did a good job in this case.”
The prosecution argued that Preston struck Hernandez in the head with a broken paving brick when he was in bed at the residence Hernandez and Preston shared with her three sons. Various accounts of the murder were provided during trial with Preston claiming the killing was in self-defense.
“However, her own son testified that Preston said she struck Hernandez while he slept and then smothered him with a pillow,” the District Attorney's Office said in a release. “The Travis County Medical Examiner testified the strike on Hernandez’ head was unlikely to be the sole cause of death while asphyxiation was more likely the actual cause. Investigating Texas Rangers Jason Bobo and Patrick Pena testified the physical evidence including blood stain analysis was consistent with Hernandez being killed in bed while he slept.
“When Dodson cross examined Preston regarding details of the murder she repeatedly stated she couldn’t remember or did not know how to answer,” the release continued.
Jurors deliberated for 10 hours following the trial – the first eight were spent determining Preston's guilt or innocence.
“I talked with all the jurors after the trial. We had a very diligent and intelligent jury,” Shell said, adding that the decision of whether the killing had been in self defense had been a difficult one. “They voted six to six on the first vote, and were locked six to six for several hours. It was a long day. At about 11:15 p.m. they came back with the final sentence.”
McAfee also lauded the work ethic of the jurors.
“These jurors carefully listened to the evidence in this trial and then evaluated various pieces of that evidence during their deliberations. They carefully analyzed everything and worked diligently in reaching a verdict during the guilt/innocence phase of trial. Then the jury demonstrated a tremendous work ethic in wanting to proceed with the case after having worked so hard all day. I applaud them for the work they did, and the way in which they approached their responsibility as a jury,” he said.
McAfee added that Preston could not be considered for parole for the murder until 2039.
“This was a horrific murder and justice in the case demanded that Preston spend a very long time in prison for what she did to Joe Hernandez, Jr., and the tremendous pain she has caused Joe’s mother, father, sisters and brothers and other family; and to our community as well. The jury’s verdict accomplishes that justice,” Dodson said.
Shell said he will soon file a motion with the court to appoint either Shell & Shell Attorneys at Law or another attorney to Preston's appeal case.
The nature of Preston and Hernandez' relationship still remains unclear to authorities.
“She said they held out as married and had an informal ceremony,” McAfee said, adding that according to Preston, all the requirements for a common-law marriage within state law were in place. Members of Hernandez' family, however, deny these claims.
