Jury finds Delaware County woman guilty of 2nd-degree murder in boyfriend's death

After a little over four hours total of deliberation, a jury Monday found a Delaware County woman guilty of second-degree murder in the shooting death of her boyfriend.

Danielle S. Weiner, 35, of Ryan, looked emotional as she was placed in handcuffs after the jury read its verdict at the Dubuque County Courthouse.

Weiner initially was charged in Iowa District Court of Delaware County with first-degree murder in the Feb. 8, 2021, shooting death of Devon Hierrezuelo, 27, of Oak Lawn, Ill. However, she was found guilty of the lesser-included charge.

"We respect the jury's verdict and thank them for their service," Assistant Iowa Attorney General Susan Krisko wrote in an email to the Telegraph Herald following the verdict.

Weiner's attorneys, Theresa Sampson Brown and Leigha Lattner, declined to comment.

Weiner's trial began with jury selection on April 25. The trial was held in Dubuque County following a motion for change of venue due to pre-trial publicity.

The trial included two days' worth of testimony, with attorneys giving their closing arguments April 28. The jury deliberated for about three hours before being dismissed and resuming deliberations Monday morning.

During the trial, prosecutors said Weiner killed her boyfriend during an argument, portraying the case as a straightforward one and contending that Weiner's testimony was unreliable. Weiner's defense said her testimony that she had been in a physical fight with Hierrezuelo and feared for her life supported her argument that she acted in self-defense.

Weiner's upstairs neighbors testified that they heard an argument begin in Weiner's apartment the night of Feb. 7, 2021, that lasted into the early hours of the next day. The neighbors said they eventually heard a gunshot go off around 1 a.m.

The neighbor called 911 at 1:14 a.m., court documents state, and Weiner called 911 five minutes later. Weiner reported to police that an unknown man had shot Hierrezuelo and fled.

Law enforcement who arrived on the scene testified during the trial that Hierrezuelo's body was found in a hallway near the kitchen and that Weiner maintained the shooter was an unknown man.

However, a large spot of blood was found in the bedroom, as well as smears of blood down the hallway. A shell casing and bloody mop also were found in the bedroom.

Authorities also found a pistol with blood on the barrel in the patrol vehicle where Weiner and her three children were sitting.

Deputy Iowa Medical Examiner Jonathan Thompson, who conducted the autopsy on Hierrezuelo, testified that Hierrezuelo had a gunshot wound to his left cheek, as well as abrasions to his face and hands.

Thompson also ruled the gunshot wound as the cause of death and manner of death as homicide.

Weiner testified in her own defense at the trial, stating that Hierrezuelo attacked her for hours and that she tried to get away from him multiple times. She said she and Hierrezuelo had been in an on-again, off-again relationship for five years prior to the incident, and he would get physical with her when he was angry.

Weiner testified that the fight began in a vehicle parked at her apartment and continued to her bedroom. Weiner testified that her gun was located in an open safe and that she grabbed it and fired at Hierrezuelo after he hit her and caused her to go over the bed.

Weiner said she moved Hierrezuelo's body while she was on the phone with 911 to give herself more room to help him.

She also said she was scared to tell police about what happened that night, as she felt her story would not be believed by law enforcement.

Iowa District Court Judge Michael Shubatt said he would file a sentencing date after confirming schedules with all of the parties. However, he noted the sentencing will take place at the Delaware County Courthouse in Manchester.