A Layton man was ordered bound over to district court Monday for trial on an aggravated assault charge in the July shooting of his wife in the head.
Judge K. Roger Bean ruled there is sufficient evidence to order Donald R. Allen, 30, 388 E. 2625 North, to be held for trial on the charge, a third-degree felony. Allen was originally charged with attempted homicide, a second-degree felony, but the charge was reduced in the first segment of Allen's preliminary hearing on Nov. 4.Neither Allen nor his wife, Gwen, 31, who survived the shooting, testified in the two days of preliminary hearing in Layton's 2nd Circuit Court.
Testimony from doctors and nurses who treated Mrs. Allen and detectives who interviewed her was used by prosecutor Carvel Harward to present his case. Also presented as evidence was a large piece of Mrs. Allen's skull, removed from over her right ear by surgeons, with a bullet hole in it made by a .44-caliber slug.
According to investigators, Mrs. Allen was wounded sometime July 23. But she was not brought in for medical treatment until July 30, a week later.
Surgeons testified several bullet fragments penetrated Mrs. Allen's skull. Another fragment traveled along her cheekbone the other direction and exited near her nose, doctors said.
Defense attorney Steve Vanderlinden argued Allen should not be bound over for trial because no evidence was presented that he did the shooting. Evidence and testimony on who had the gun is conflicting, Vanderlinden argued.