LE MARS, Iowa | A murder charge filed against an Akron, Iowa, woman accused of shooting her husband was dismissed Monday to give the prosecution more time to investigate the case.
Plymouth County Attorney Darin Raymond asked that the Oct. 6 complaint charging Becky Hebert with second-degree murder be dismissed "without prejudice," allowing the possibility of refiling charges at a later date.
More time is needed to investigate medical and lab reports and cell phone records, Raymond said in his motion, filed Monday in Plymouth County District Court.
"... the additional information is necessary in seeking the truth and in the interest of accomplishing justice," Raymond said in the motion.
Hebert's attorney, Brian Buckmeier, of Sioux City, did not resist the motion, which District Judge John Ackerman granted.
Authorities have said Hebert, 34, shot Jeremy Hebert, 40, at around 12:15 a.m. Oct. 6 during an argument in their rural Akron home. An autopsy showed that Jeremy Hebert died of a single shotgun wound to the chest and abdomen, and his death was ruled a homicide.
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Raymond said in his motion that investigators needed more time to receive the autopsy reports and lab results from the Iowa State Medical Examiner's Office, reports from testing of the firearm and ammunition believed to be used in the incident and examination of cell phone information.
The dismissal allows Raymond time to gather the information without running up against deadlines established in Iowa's Rules of Criminal Procedure, which require an indictment to be filed within 45 days of a defendant's arrest. Raymond may now gather the needed information and refile the charge, if there is enough evidence to support it.
Raymond did not immediately return a message left with his office.
Authorities had been called to the Hebert residence previously for domestic disputes, Plymouth County Sheriff Mike Van Otterloo said at the time of Becky Hebert's arrest.
According to court documents, a Plymouth County jury in September found Jeremy Hebert guilty of domestic abuse assault and other charges, but acquitted him of attempted murder. Hebert was out on bond awaiting sentencing. Two days before his death, a judge had issued a warrant for Hebert's arrest because of alleged violations of a no contact order with Becky Hebert.