Muncie man convicted of murdering his wife in 2016

by: Austin Hanson

Posted: Aug 4, 2023 / 04:48 PM EDT

Updated: Aug 4, 2023 / 04:48 PM EDT

MUNCIE, Ind. — A Muncie man has been found guilty of killing his wife in 2016, according to the Delaware County Prosecutor’s Office.

A Delaware County jury convicted Kenneth W. Herbert of murder on Friday. The 55-year-old will be sentenced on Sept. 18 at the Delaware County Circuit Court. In Indiana, murder is punishable by 45 to 65 years in prison and a fine of up to $10k.

According to a probable cause affidavit provided by the Delaware County Prosecutor’s Office, Herbert initially took his wife, Kimberly Herbert to IU Health Ball Memorial Hospital at 2:40 a.m. on June 20, 2016.

Medical records obtained by police indicated that Kenneth Herbert claimed he did not know what happened to his wife, saying, “I think someone beat her up.”

Mr. Herbert took his wife to the hospital with assistance from his friend, per police documents. When Kimberly Herbert arrived in the emergency room, she was wrapped up in a white sheet, unresponsive and in cardiac arrest.

Medical professionals began to do CPR on Mrs. Herbert immediately. Hospital staff tried to intubate her but their attempts were unsuccessful because her jaw was clenched shut.

After receiving treatment at IU Health Ball Memorial Hospital, Mrs. Herbert was pronounced dead.

The husband said Mrs. Herbert’s symptoms began around 11 p.m. the day before he took her to the hospital. He was awoken by gurgling noises Kimberly was making around 2 a.m., per the probable cause affidavit.

An autopsy on Mrs. Herbert’s body later revealed that she died after absorbing multiple traumatic blunt-force injuries. The doctor also reported that Kimberly Herbert had a lacerated liver; multiple hemorrhages, abrasions and contusions to her head, neck and torso.

One anonymous witness cited in the probable cause affidavit claimed to be Mrs. Herbert’s neighbor. The witness told police that Mrs. Herbert had visited their house in a fit of hysteria the day before she died.

The witness said Mrs. Herbert appeared to be having trouble breathing. The witness added that Mr. Herbert eventually came out of his residence and said, “If she’s calling the cops, you’re dead to me.”

The witness told police, Mr. Herbert then got in his vehicle and drove away. At that point, Herbert’s wife returned to their home.

In his interview with police, Mr. Herbert admitted he and his wife had been arguing the day before he took her to the hospital. Mr. Herbert told police he left the house during their argument to drive around for a little bit.

Mr. Herbert said that, when he returned home, he saw his wife using the phone on their neighbor’s porch. He told police that Mrs. Herbert walked elsewhere after she used their neighbor’s phone.

Mr. Herbert told police that Mrs. Herbert eventually returned home and stood in front of an air conditioner because she was having trouble breathing. Herbert said he asked her if she needed to go to the hospital. He stated that Mrs. Herbert declined his offer and asked to lay down. Mr. Herbert said at that point — approximately 11 p.m. — Mrs. Herbert laid down on the floor.

In an interview with police, a friend said Mr. Herbert called him early in the morning the day Mr. Herbert’s wife died. He added Mr. Herbert told him he needed help at his residence because she was sick and puking.

The friend told police that, when he arrived at Herbert’s residence, he found the woman lying on the floor wrapped in a blanket. The friend said he pulled back the sheet to assess Mr. Herbert’s wife’s condition. He said she felt cold and did not appear to be breathing.

According to police documents, the friend indicated Mr. Herbert never admitted that he killed his wife. However said Mr. Herbert told him, “the bitch got what she deserved.” The friend also told police, Mr. Herbert did not attend Kimberly Herbert’s funeral.

Police arrested Mr. Herbert on March 4, 2021. He was then transported to Delaware County Jail and released to corrections officers.

“Although justice was delayed in this case, it certainly wasn’t denied,” Delaware County Prosecutor Eric Hoffman said in a release. “Herbert will finally be held accountable for hishorrendous crime. I am proud of Deputy Prosecutor Joe Orick, Prosecutor’s Investigators Lana Kasinger and Joni Wells, and Detective John Branson of the Delaware County Sheriff’s Office for their hard work and dedication in this case.”

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