Amber Hilberling

Case details

Amber Hilberling was convicted of second-degree murder in connection with the death of her husband, Joshua Hilberling.

Background

Joshua Hilberling was 23 years old when he died. Amber Hilberling was seven months pregnant at the time of the incident, and she had been described in reporting as 19, 21, and 22 during different stages of the case.

The couple lived in a high-rise apartment in the University Club Tower at 1722 S. Carson Ave in Tulsa, Oklahoma. Joshua Hilberling died after a fall from a high-rise window, and he landed on a parking garage 17 stories below.

The offence

Amber Hilberling pushed her husband out the window of their 17th-story apartment. Joshua Hilberling plummeted from the window and died from injuries sustained in the fall.

During an interrogation recording discussed at trial and later broadcast, Amber Hilberling said “I killed him” and admitted pushing her husband, who plummeted from a window on the apartment building’s 25th floor to the top of a parking garage 17 stories below. In the same broadcast interview, she said Joshua Hilberling reached out and grabbed her shoulders, and she “reached up and pushed against his chest.” She said she “remember him falling backwards,” and she said that perhaps what a neighbor heard was the sound of her husband “tripping backwards.”

Amber Hilberling claimed the window glass was dangerously unsafe and filed a wrongful death lawsuit in 2012 against the property management company and University Club Tower’s management and maintenance staff, alleging the windows were not up to City of Tulsa building code and that they were dangerously unsafe. Her defence team argued that the incident was accidental and involved self-defense.

Investigation

Tulsa police officers responded after Joshua Hilberling’s fall. Tulsa Police Sergeant Dave Walker said: “There was some sort of argument, it was brief, and then the crashing of the window and the gentleman fell out of the window.”

Detectives testified about the scene, including the window and Joshua Hilberling’s body, and about items found in the apartment.

The defence criticized a lack of certain evidence collection by investigators, including that police failed to test flesh, blood and hair that remained on the window sill for DNA.

Prosecutors used video and photographs from the scene, as well as testimony from witnesses who heard sounds consistent with the fall.

A witness described hearing running and a loud crashing sound, followed by a woman screaming, “Oh my God. Oh my God.” Another witness, a glass repairman, testified that he heard the crash and moments later Amber Hilberling was screaming, “I pushed my husband out the window. I killed him.”

Arrest

Amber Hilberling was arrested in the death of her husband, Joshua Hilberling, after police said he died following a 17-floor fall from the 25th floor at the University Club Tower.

Police booked Amber Hilberling into the Tulsa County jail on a complaint of first degree murder. She was held on $500,000 bond. Her arraignment was June 28, 2011.

Amber Hilberling claimed she and Joshua got into an argument and she pushed him with her hands, causing him to fall through the window.

Trial

Amber Hilberling was charged with second-degree murder.

Court proceedings and witnesses

During the trial, prosecutors and the defence presented competing accounts of how the fall occurred.

Medical examiner Joshua Lanter testified that Hilberling’s death was a homicide.

A witness reported that he had heard the events from nearby, and a glass repairman testified that when he and another witness reached Joshua Hilberling, he said Amber turned him over.

A defence witness and prosecutors presented differing views about how Joshua Hilberling fell. The state argued Joshua Hilberling fell out of the window facing forward, while a defence witness said he came out with his back first.

Filings and court rulings during the proceedings

• Cameras were not allowed in the courtroom during Amber Hilberling’s trial.
• The jury would not see autopsy photos, but crime scene photos would be allowed.
• The request to prevent prosecutors from calling Joshua Hilberling a victim during trial was denied, but prosecutors were described as limited in how much they could do so.
• The Hilberlings’ toddler would not be allowed in the courtroom or on the same floor as the trial.

Verdict

Amber Hilberling was found guilty March 18, 2013 of second-degree murder.

The jury recommended 25 years in prison, and Tulsa County District Judge Kurt Glassco formally imposed the sentence.

Prosecutor Michelle Keely said: “It didn’t happen like she said it happened.”

Sentencing

On April 23, 2013, the judge sentenced Amber Hilberling to 25 years in prison. The judge credited her for 15 months already served in the Tulsa County jail.

The judge ordered Amber Hilberling to pay for Josh’s funeral expenses in addition to a $10,000 fine.

Prosecutors filed a sentencing memorandum on April 22 describing admissions by Amber Hilberling that she pushed her husband to his death on June 7, 2011. The memorandum said Hilberling did not have a criminal past, that she “was certainly on notice that she and Josh had a volatile relationship and that she became angry and acted out violently toward Joshua.” Prosecutors pointed to the “horrendous” manner of death, stating that Joshua Hilberling was alive as he fell from the 25th-floor window until he landed on the 8th floor parking garage.

Statements by the prosecutor and sentencing-related remarks

Assistant District Attorney Michelle Keely noted that the 25-year sentence corresponded to the floor on which the couple lived in the University Club Tower.

Prosecutor Michelle Keely said: “Justice doesn't bring Josh back,” and added: “Levi (their 19-month-old son) will grow up knowing there are consequences to actions.”

Appeals

Amber Hilberling was appealing her conviction and said she was hoping for “something better.”

Outcome

Amber Hilberling received a sentence of 25 years in prison following her conviction for second-degree murder.

She rejected a plea deal that would have put her in prison for only five years.

Aftermath

National television discussion

On Friday, “Dateline NBC” devoted about an hour to telling the story, using interviews with Hilberling, her family, his family, attorneys, police investigators, and a window expert who opined on the strength of the glass at the distinctive apartment complex at 1722 S. Carson Ave.

The broadcast used footage of Amber Hilberling’s tearful discussion with her grandmother in a police interrogation room, which became a key piece of evidence at her trial. In the broadcast, Hilberling said she remembered “very little” of what was on that recording. During that recording, she said “I killed him” and admitted pushing her husband. In the interview aired Friday, she said Joshua’s parents knew “the dangerous path down which the union was headed,” and she made statements including: “They kept saying if we stayed together, I’m going to kill him,” and “He was messing with the TV and I pushed him.”

Amber Hilberling said she had “all the hope in the world” when her case was in the hands of jurors and indicated she was surprised that they recommended a 25-year prison sentence.

She said she did not regret rejecting the plea deal because a person who is not guilty is “going to take any risk that is necessary to prove it.”

Volatile relationship discussion and denial of violence

Amber Hilberling said she was a “good wife” and denied being a violent person, saying: “I have never been in a fight in my life.” She said: “Josh didn't have to defend himself.” She also said: “I was definitely scared sometimes.” She said: “that seems ridiculous” when asked about allegations that she was enjoying the attention the case had brought her.

Jeff Felton, an investigator with the Tulsa County District Attorney’s Office, said: “I think she shoved him on purpose. Absolutely,” and said Joshua was “doing something with a television when his wife pushed him.”

Felton, described in another portion of reporting as a Tulsa police detective at the time of the death, said the two had a “volatile relationship - without a doubt.”

Amber Hilberling described herself as a “wild hair” and said her late husband was more of a “modest, predictable type.”

She said during the interview: “My husband fell out the window! I pushed my husband out the window! I killed my husband,” in connection with testimony about her statements after the death was discovered.

Victim impact letters

In victim impact letters, Patrick Hilberling, the victim’s father, said that as soon as he learned his son was dead, he asked if Amber was responsible for the death. Other family members wrote of how his loss had affected their lives.

A brief filed April 18 included letters from Amber’s supporters, including her mother, Rhonda Whitlock. Whitlock said her daughter had been unfairly depicted in the media and said the late Josh Hilberling was thrown out of the military for drug abuse.

Defence arguments in mitigation

Amber Hilberling’s attorneys, April Seibert and Jasen Corns, asked the judge for mercy in a brief filed April 18. They said testimony at trial showed the death was accidental and that Amber demonstrated “shock, surprise, grief and anguish over the actions that led to death.”

They asked the judge to consider that both Hilberlings were barely out of their teens and brought “a baby into the world when they were really still babies themselves.” They also stated that the couple’s son Levi would be about 22 years old by the time his mother was released if she served the full 25-year sentence.

Other details

Wrongful death lawsuit

In September 2012, Amber Hilberling filed a wrongful death lawsuit against the property management company and University Club Tower’s management and maintenance staff, alleging knowingly installed dangerous windows. The petition alleged window glass was not up to City of Tulsa building code and was dangerously unsafe, and that building managers failed to install window guards or other reasonable safety measures.

Protective order and alleged abuse

Joshua Hilberling filed an emergency protective order against his wife on May 10, 2011. The protective order was dismissed two weeks later when the couple did not show up to court.

During reporting after the arrest, Amber Hilberling’s attorney Jasen Corns said: “I can say that we have seen absolutely no evidence of any criminal wrongdoing by Mrs. Hilberling,” and added: “This is a tragedy for everyone involved and what it wasn't was a crime.” Corns also said: “Without getting into specifics, there is a long history of this man, a 6'4", 220 pound college football player abusing this young woman, including throughout her entire pregnancy,” and said: “Physical abuse with witnesses, with photographs and documentary evidence that we have supporting it.”

Counselor Missy Iski said: “There is a number of men who are victimized by domestic violence,” and “And even more common than that are couples that engage in violence where both people are participating in violence.”

Bail and pretrial conditions

Amber Hilberling was released on bond two days after her June 2011 arrest, and that bond was revoked in December after she reportedly failed to keep her ankle monitor charged at least 10 times. In January, prosecutors said she violated conditions of the new bond after failing two court-mandated drug tests. Amber Hilberling claimed she smoked marijuana prior to the December re-arrest. A judge ordered she be held without bond when she was taken into custody for the drug violation, and she was in the Tulsa County jail.

Allegations about glass and repair testimony

A glass repairman, Armando Rosales, testified that after hearing the glass shatter, he went to the apartment and corroborated a claim that the large pane was thinner than what is typically used in highrise windows. Rosales testified that the glass was part of the building’s original construction and would have been thicker if built more recently, and that it was “not much stronger than the glass used in standard home windows.” Rosales also testified that he feared Amber Hilberling might push him through the broken window after he entered.

Neighbour and scene details

Residents reported wondering what happened in the moments before the man’s death. Mina White said: “What I heard was big bang at first and I'm thinking it was an earthquake. Then I looked out the window and I saw the person.” Catherine Freeman said: “It's kind of freaky,” and added: “We just moved here and no one knows how to get their car out right now because it is just all covered in glass in the back park gate.”

On Wednesday, the prosecution said Hilberling’s father testified his son called him the day he died, saying he was leaving and getting a divorce and needed a ride, and that he suggested the call DVIS (Domestic Violence Intervention Group).

Reported statements during the incident

A neighbour described hearing running, a loud crash, and a woman screaming, “Oh my God. Oh my God.” Another witness testified that Amber Hilberling screamed: “I pushed my husband out the window. I killed him,” and said Joshua was found face down on the parking garage.