Former Muscatine man Hiram Serrano served 13-years in an Iowa prison for the attempted murder of his ex-girlfriend, Theresa Jackson. After the attack Jackson was a quadriplegic and she recently passed away. 22-years after the assault, Serrano is being charged with her murder.
"The offense of murder was not complete and was not finished being committed until the victim died," says Muscatine County Attorney Alan Ostergren.
After Theresa Jackson passed away the medical examiner had to figure out what caused her death. The medical examiner ruled Jackson a homicide victim who died as a result of her injuries from the attack.
"Legally that's not exactly the same as a murder," adds Ostergren, "We believe there was probable cause to file the charge that he was responsible criminally for the death."
The attack happened on November 14th, 1990. The Muscatine County Attorney says Serrano broke into Jackson's home.
"He stabbed her in the throat and struck her in the neck when she fell to the ground," says Ostergren.
Jackson's 6-year old son found her lying in a pool of blood on the dining room floor.
"She spent almost 22-years of her life as a quadriplegic as a result of those injuries, and she died as a result of those injuries," says Ostergren.
Since the medical examiner ruled Jackson died as a result of her injuries, the county attorney decided to charge Serrano with First Degree Murder. The prosecutor would like to use testimony from the Attempted Murder trial.
"Jackson testified at that trial and she identified him," adds Ostergren.
If Serrano is convicted the 13-years he spent in prison will little to no impact on a possible new sentence.
"It's not double jeopardy and there's actually good arguments to say that prior time will not merge into any new sentence," adds Ostergren, "however, that's something that a judge will decide later."
Serrano is facing life in prison without the possibility of parole.
