By Lisa Trigg
TERRE HAUTE — A September trial date has been vacated for a man accused of shooting his wife in the head in March.
Harvey Hayhurst Jr., 53, appeared in Vigo Superior Court Division 6 on Tuesday as defense attorneys James Boswell and Jessie Cook asked for additional time to review information in the case. Hayhurst has been free on $200,000 bail since April 1.
Judge Michael Lewis vacated the Sept. 21 trial and continued the case to Oct. 20. A new trial date could be set at that time.
Hayhurst was charged with attempted murder, a class-A felony, as well as aggravated battery, a class-B felony. He was arrested in connection with the March 27 shooting of Paula Hayhurst at the couple’s home on West Evans Drive near Prairie Creek.
Police report Hayhurst admitted to them that he had a loaded gun in his pocket when he and his wife were arguing. The couple had been having marital problems for several months, Hayhurst said, and he intended to scare her by putting the gun to his own head and threatening to shoot himself. However, he said, his wife struggled with him over the gun and she was shot in the head.
Paula Hayhurst told police a different story, court records show. She said that after arguing with her husband, he told her, “I have to kill you.” She said he shot her once in the head and she fell down, and as she tried to get away, he shot her again before trying to place the gun in her hand.
After emergency crews arrived at the scene, Paula Hayhurst was transported to Methodist Hospital in Indianapolis for treatment. She was later released, and on April 30 she sent a letter to the court asking that a no-contact order between herself and her husband be vacated.
Attorney Cook told Judge Lewis in court that a motion will be filed to vacate the no-contact order, along with an affidavit from Paula Hayhurst to verify the request.
Judge Lewis said he would consider the request at the Oct. 20 court proceeding.
Lisa Trigg can be reached at (812) 231-4254 or lisa.trigg@tribstar.com.
