Andre Higgs is on trial for murder in the death of Latrena May, 27, in East Orange.
NEWARK -- A state Superior Court judge on Wednesday appeared to open the door to letting a jury hear evidence Andre Higgs choked Latrena May two months before prosecutors say he fatally shot her on the steps of her East Orange apartment building.
"It does go toward state of mind," Judge Ronald D. Wigler told the man's attorneys after the jury had been dismissed for the day.
Whether evidence regarding the alleged March 25, 2015 incident will be introduced remains to be seen, as does whether Higgs will take the stand in his own defense after the prosecution rested Wednesday, after more than three weeks of testimony by the state's witnesses.
Higgs, 45, of Watchung, is on trial before Wigler on charges of murder and other offenses in the death of May, the 27-year-old mother of Higgs' daughter and a teacher at Pride Academy Charter School.
Assistant Prosecutor Justin Edwab has argued Higgs shot May three times on the top steps of her building, where he was the landlord, after she flagged down a passing police officer, who subsequently shot Higgs.
Defense attorneys Remi Spencer and Joseph P. Rem Jr. have argued that the officer, Detective Kemon Lee of the East Orange Police Department, shot Higgs first and caused him to inadvertently shoot May.
"We're saying Officer Lee's bullets hit Andre before any bullets hit Ms. May," Spencer told Wigler Wednesday as she summarized the defense theory.
Lee's use of force was later determined by the state Attorney General's Office to have been justified.
The couple's then 4-year-old daughter was inside May's home at the time of the shootings, but was unharmed.
Detective details grisly scene of teacher's killing
Prosecutor's office Detective Kevin Lalicon testified Wednesday about collecting two .45-caliber bullets from May's body while observing her autopsy by an assistant state medical examiner.
A Newark Police ballistics expert, Sgt. Luke Laterza, said the bullets matched a .45-caliber Astra semi-automatic pistol recovered from foyer of May's building.
Laterza also testified the gun could require about 10 pounds of deliberate trigger pressure to fire its first shot, although it could take less than half that amount to fire subsequent shots.
Evidence of prior alleged crimes is not normally admissible at trial, but Higgs' previous attorney had planned to pursue a defense that Higgs was intoxicated at the time of May's killing, leading Wigler to rule in April 2016 that Edwab could introduce evidence of the dispute to establish Higgs' criminal intent in her death.
In the March 2015 incident, police said May called 911 to report Higgs had choked her in front of their daughter. Officers said the incident left marks around her neck.
After Spencer began representing Higgs and pursuing a different defense strategy, that evidence was determined to no longer be applicable. Wigler said, however, it could come into play if the defense opened the door at trial.
Edwab argued the theory that Higgs' shooting of May was inadvertent fell under a category of "accidental" defense strategies that would allow him to introduce the evidence after all, again in order to establish intent.
The trial is expected to resume Thursday.
Thomas Moriarty may be reached at tmoriarty@njadvancemedia.com. Follow him on Twitter at @ThomasDMoriarty. Find NJ.com on Facebook.