Andre Higgs is charged with killing Latrena May on May 1, 2015, about five weeks after allegedly choking her
NEWARK -- At Andre Higgs's murder trial on charges of fatally shooting the mother of his daughter, jurors will be able to hear evidence that he allegedly choked her during a domestic dispute about five weeks before the killing, a judge has ruled.
Superior Court Judge Ronald Wigler on Friday granted a motion by prosecutors to permit evidence at Higgs's trial about that March 25, 2015 incident between Higgs and Latrena May. The incident allegedly occurred in front of their then-four-year-old daughter at May's home on Tremont Avenue in East Orange.
On May 1, Higgs, 43, of Watchung, is accused of fatally shooting May during an argument outside the home while their daughter was inside the residence. Higgs has indicated he plans on arguing he was intoxicated at the time of the killing.
Due in part to that intoxication defense, Wigler found the evidence of the prior incident is admissible, because it relates to Higgs's state of mind when the fatal shooting occurred.
"It's something that goes directly to establish state of mind, intent," the judge said.
Higgs's attorney, Thomas Ashley, said during Friday's hearing that Higgs "vehemently denies" he was involved in the alleged choking incident. Given May's death, Ashley argued in part the evidence should be inadmissible because there are no other people who could testify about witnessing the incident.
Ashley told the judge that he and Higgs "should have a right to cross-examine those who are his accusers, and unfortunately Ms. May cannot be, but there are no other witnesses."
But Essex County Assistant Prosecutor Justin Edwab, who is handling the case, said Higgs "shouldn't benefit from the fact that he killed the only witness to this incident."
Edwab argued a 911 call made by May soon after the incident provides evidence that it occurred and supports its admissibility at the trial.
During that call, May told the dispatcher in a shaky voice that Higgs left the home after he had "put his hands around my neck and he choked me in front of my daughter."
Latrena May Wigler agreed with Edwab and ruled the 911 call provides "clear and convincing evidence" that the incident took place.
In addition to allowing the 911 call to be presented to the jury, the judge also indicated prosecutors could present certain testimony at the trial from East Orange Detective Steven Plumer, one of the two officers who responded to the home following the 911 call.
Plumer could testify about his observations inside the residence, including that he saw bruises on May's neck area, according to Wigler.
But the judge said it would be inappropriate for Plumer to testify about what May allegedly told him. Plumer has claimed May said the altercation stemmed from Higgs's allegations that she was "sleeping with other men," and that May said Higgs "was gonna come back and kill her."
Wigler said May's alleged comments "would be problematic and hearsay."
Authorities have said Higgs and May were arguing on the porch of her home on May 1, 2015 when May flagged down a police office patrolling the area. Higgs then shot her three times and the officer shot Higgs, authorities said.
After being shot, Higgs went into the house with the weapon before he was apprehended, authorities said. A 27-year-old teacher at Pride Academy Charter School in East Orange, May was pronounced dead at the scene, authorities said.
Higgs was later released on $1 million bail. But after he was charged with causing a drunken crash on Christmas in Middlesex County, Wigler imposed a more stringent bail requirement in the murder case and Higgs was returned to the Essex County Correctional Facility in January.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.