Woman charged in fatal hit-and-run of boyfriend asks judge to quash case

LINCOLN, Neb. (KLKN) — A Lincoln woman accused of running over her boyfriend is seeking to have the case dropped.

On Wednesday, 23-year-old Cindy Martinez appeared in Lancaster County District Court.

In a new court filing, her attorney requested that the charge be quashed due to “irregularities.”

SEE ALSO: Court docs detail what police say led up to deadly north Lincoln hit-and-run

On May 14, police said Martinez was in a vehicle with her boyfriend, Alejandro Murillo.

He “became upset” after they had driven a few blocks, according to court documents.

Police said Murillo got out of the vehicle at 37th and Fremont streets and began banging on the windows.

An arrest affidavit says Martinez drove off, hitting Murillo.

SEE ALSO: Woman arrested in deadly north Lincoln hit-and-run

A few minutes later, someone saw him lying in the road and called 911.

He later died at a hospital.

Martinez is charged with leaving the scene of a serious injury or death accident.

SEE ALSO: Police ID man killed in hit-and-run crash in north Lincoln

The Wednesday court filing argues that there was insufficient evidence presented at a preliminary hearing last month in county court.

It asks that Judge Darla Ideus nullify the prosecution against Martinez.

Ideus has scheduled a hearing on the matter for May 7.

SEE ALSO: Male dead after hit-and-run crash in north Lincoln