Amber Hilberling was charged with pushing her husband Josh out the 25^th floor of their apartment window in June of 2011.

Hilberling claims Josh tripped and fell through the window and now, she is filing a wrongful death suit on his behalf. Hilberling was 19 and pregnant at the time of the incident and claimed there was no way she could have pushed her former football player husband out the window.

At the time of Josh’s death Tulsa police sergeant Dave Walker said “it wouldn’t seem like you could trip and fall into the window and create that much damage.”

But Hilberling says thats exactly what happened on that day. In her suit she claims the window was unsafe and the University Club Apartments are at fault. Hilberling’s attorney Jasen Corns released a statement about the suit, it reads:

"This was a window as large as a dining room table and as thin as a napkin. It was dangerously unsafe and had no business in a 25th floor living room. Had the window been reasonably safe, Amber would not be a widow and her child would have a father."

Hilberling lists herself, Josh and their son Levi as plaintiffs in the case.  Hilberling is asking for $10,000 in actual damages as well as pain and suffering, grief, loss of earnings and household contributions, loss of consortium and punitive damages.

You can see the court documents here.

Hilberling is charged with second degree murder in the case and remains in jail waiting for her March 11^th, 2013 trial. Hilberling had been out on bond but that was revoked after she tested positive for marijuana twice.