By DEBRA HAIGHT
BCR Correspondent
NILES, MI – In crime and court news last week, a South Bend man accused of killing his girlfriend in Niles Township in mid-July has been bound over for trial in Berrien County Trial Court.
Rene Lopez Alvarado, 33, pleaded not guilty to open murder and felony firearm charges last week after waiving his right to a preliminary hearing.
He was arrested July 21 and was arraigned on the two felony charges July 23. He was in court last week for a pre-exam conference, at which time he waived his right to a preliminary hearing. His bond remains at $2 million cash or surety.
Berrien County Sheriff’s Deputies were called to the Franklin Woods mobile home park, 1950 S. 13th St., on July 21 on reports of a deceased woman inside a home. According to the police report, it was Alvarado who made the initial 9-1-1 call to police.
The woman found dead was identified as 29-year-old Courtney Hershberger. An autopsy conducted at WMED in Kalamazoo indicated that she died of a gunshot wound. It is believed that Hershberger and Alvarado were in a relationship.
The complaint and warrant in the court file for Alvarado indicated that Alvarado gave a number of explanations to sheriff’s deputies for what happened to Hershberger. He initially stated that he believed that she had committed suicide, adding that he had not been at the home at the time of the shooting and discovered her body hours later.
Alvarado said that he had been texting with Hershberger that night and that he fell asleep after she stopped responding. He said he went to her home around noon on July 21 and discovered her body. He said the two were in a relationship but that he was also in a relationship with another woman.
When confronted with information that a neighbor had seen him at the Hershberger home around the time of her death, he admitted that he was there but said that her death was an accident.
He said that he had brought a gun to the home for protection and laid it on the bed between them. He told deputies that she went to move the barrel of the gun and he grabbed the handle and pulled the trigger. He admitted he had been drinking that night before he came to her home.
In the statement he gave police, Alvarado said he panicked when the gun went off and Hershberger was hit and left. He came back hours later “because I was hoping it was a bad dream.” He reiterated that they had not been arguing and that it was an accident.
The next court dates for Alvarado are a case conference on Aug. 20, a status conference on Sept. 22 and a jury trial set for Oct. 8-10 before Berrien County Trial Court Judge Gordon Hosbein.
The open murder charge carries a maximum penalty of life in prison while the use of a firearm in the commission of a felony charge carries a penalty of two years in prison consecutive to the other sentence.
In news about another incident, Berrien County Sheriff Chuck Heit reported recently on an officer involved shooting incident that occurred June 30 in Niles Township.
Heit reported that a sheriff’s deputy encountered a vehicle on Third Street south of Fort Street in Niles Charter Township around 6 p.m. on June 30.
As the deputy approached the vehicle the passenger fled on foot and the driver fled in the vehicle southbound on Third Street. As the deputy was in pursuit, the male subject produced a firearm and discharged it at the deputy. The deputy then returned fire at the suspect, killing him.
The Michigan State Police was requested to perform the investigation into this officer-involved shooting incident. As standard protocol, the deputy was placed on administrative leave.
Heit subsequently reported that the deputy involved in this incident was Deputy Cal Landon, who has been with the Berrien County Sheriff’s Office for nearly two years. He is currently assigned to patrol in Niles Charter Township.
Heit described Landon’s actions as shown in the body-worn camera footage. “Deputy Landon performed exceptionally well under extremely stressful and dangerous circumstances,” Heit said.
“While under fire, he transitioned from his Taser to his firearm and successfully neutralized the threat to his life and others, he added. “His actions reflect both his personal courage and the quality of training he has received.”
This incident remains under investigation by the Michigan State Police 5th District Special Investigation Section.
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