Ex-husband bound over for trial

Prosecutors insist that an enraged Robert Wayne Hunter, whose estranged wife moved in with his boss, barged into the boss's house last year with a loaded gun.

Instead he got blasted by the homeowner's shotgun.

Hunter, 50, was charged with five felonies and, now somewhat recovered from his injuries, appeared at a preliminary hearing Thursday.

However, the story turned out to be more complex as testimony unfolded in the daylong hearing, with witnesses sometimes unable to pinpoint exact times or recall conversations and seeming to be vague on details.

Third District Judge Robin Reese bound Hunter over for trial on two counts of attempted aggravated murder, both first-degree felonies, and aggravated burglary, a second-degree felony. The judge, however, wants more written and oral arguments from prosecutors and defense attorneys before ruling on two counts of second-degree felony stalking.

Elaine McIntosh, Hunter's former wife, testified she rented a room from Joseph McIntosh, her then-husband's boss, to get away from her spouse of nearly 30 years. Both Elaine and Joseph McIntosh said the relationship eventually changed from mere friendship and the two are now married.

Elaine McIntosh said Hunter had been violent with her in the past, although she never reported it, and she was terrified during their separation because he kept calling and showing up uninvited at her work.

"I told him to leave me alone several times," she said. "I was scared he would come and do something to me."

Joseph McIntosh testified Hunter physically attacked him and Elaine in August 2008; burst into McIntosh's office Sept. 15, 2008, and attacked and threatened McIntosh there; and then on Sept. 17, 2008, came to McIntosh's West Valley home after Hunter told another boss he intended to kill Joseph McIntosh, his wife and himself.

Joseph McIntosh said he heard popping sounds as his sliding glass door shattered, which he believed were gunshots. He earlier had fetched a shotgun and when he spied Hunter standing in his family room, McIntosh shot him. Hunter managed to stumble outside and was found, bleeding on the ground, near his truck.

Police found a revolver in Hunter's boot, another handgun in the truck and ammunition for both. Forensic evidence showed the window was broken with a sledge hammer.

Defense attorneys argued that prosecutors erred in charging Hunter with attempted aggravated murder because, among other things, no one saw Hunter with a gun that night and he made no substantial steps toward committing a homicide. They also said prosecutors had not fulfilled legal requirements for the other charges, but the judge disagreed except for the two stalking charges, which he took under advisement.

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