A Layton man found guilty of shooting his bride of one week in the head last July and then not seeking medical attention for her until a week later, will spend up to 10 years in prison.
Donald R. Allen, 31, was sentenced Tuesday in 2nd District Court to zero to five years in prison on an aggravated assault charge in the July 23 shooting of his wife in the head outside their Layton home.Judge Douglas L Cornaby then heeded the request of prosecutor Carvel Harward from the Davis County Attorney's Office and added a consecutive five-year enhancement term onto Allen's sentence for use of a firearm in committing a felony.
The judge said Allen has led a life of violence and that he believes Allen lied about the shooting of his wife - both to police investigators and to the jury that convicted him after a two-day trial in February.
Defense attorney Steve Vanderlinden asked for jail time instead of prison for Allen, saying he is employed, his wife - who still needs medical treatment - needs him and he can contribute to the community.
The judge ordered Allen to pay a $1,250 fine on his third-degree felony conviction and pay all of his wife's accrued and future medical bills.
Gwen Allen testified at her husband's trial that she was depressed the night of the incident, had been drinking, and remembers little of what happened. Allen testified he was wrestling the .44-caliber pistol away from his wife to prevent her from committing suicide when the gun went off.
The bullet penetrated her skull just in front of her right ear and fragmented, according to medical evidence at the trial. Some of the fragments penetrated her brain, doctors testified.
Gwen Allen was kept at home for a week and told the jury she didn't realize she'd been shot in the head but instead thought she had a bad hangover after a drinking bout.