and the next morning, he found his girlfriend jacqueline gomez dead. and they had known each other since freshman year and apparently their first date. doctors say she had elevated levels of hydrocodon't in her system and blood alcohol level of.26. she also had bruising around her neck. hererra claimed that gomez asked him to choke her in conessential sex. he was charged with causing serious bodily injury by choking. it was not determined if that was the cause of death. his mother was taken into custody charged with drug possession. yesterday herera's trial began. a jury of ten men and two women hearing the case. we'll talk to a list and eric is a criminal defense defense attorney. first of all, why is he not charged with murder, simply because they don't have a certain cause of death? >> they didn't rowel it to be be homicide ad first. now it is ruled homicide. but just two people in the room, and he said he went to sleep and she was alive and he woke up and she was dead. they can't prove it was homicide. and the other thing in the ruling, that they a