There was powerful testimony today in the case against a young woman accused of pushing her husband to his death from a high rise apartment.
Amber Hilberling is charged with second degree murder. FOX23 was inside the courtroom today for opening statements.
During her opening statement, the prosecutor told the jury that on the morning of June7th, 2011, Amber had called the apartment complex to complain about a broken bedroom window. A man who fixes glass was sent to come take a look and overhear Josh and Amber arguing. Neighbors also heard arguing and then a short time later, she says they heard a loud crash. Amber was quoted as saying, "I pushed my husband out of the window." Josh Hilberling lay on the ground face down. The prosecutor then told the jury that Amber was overheard later saying to her grandmother, "They were right. They said if we stayed together I would kill him."
Now, it was the defense's turn. Amber's attorney came right out of the gate and admitted that her client did in fact push Josh Hilberling out of the window, but that she acted in self-defense. Her attorney said that on June 7th, Amber finally pushed back, and that the jury would see physical evidence of Amber's injuries. She asked the jury to consider the size difference of both Josh and Amber. Josh was 6’2 while Amber stood 5’5 and was seven months pregnant at the time. The defense told the jury that this was simply a horrible and tragic accident.
The most powerful testimony came from a Mr. Rosales. He was the man called to fix the broken glass in the bedroom. He testified that most high rise windows are at least one inch thick, but the window that Josh went through was 9/10ths of one inch thick. Rosales told the court he was in the bedroom when he heard a scuffle and then a loud crash. When he ran into the living room, that's when he saw the broken living room window and Amber standing there. He testified that she said, "I pushed him out of the window. I killed my husband."
The defense immediately began poking holes in Mr. Rosales testimony saying that it was inconsistent with the testimony that he gave back in 2011.
Amber Hilberling is charged with second-degree murder in the 2011 death of Joshua Hilberling, who died after falling from the 25th floor window to the roof of a parking garage 17 floors below.
Prosecutors allege Hilberling pushed her husband; but she says the apartment had dangerously thin windows and her husband fell accidentally.
She rejected a plea deal offered by prosecutors last week, opting to go on trial instead. She faces 10 years to life in prison if convicted of second-degree murder.