BREVARD COUNTY, Fla. — A Brevard County man accused of shooting at his wife in a hospital parking lot is scheduled for trial on Monday, but his wife decided to go on vacation.
Without his wife being present, prosecutors will be forced to seek a conviction for Gavin Chung for attempted murder.
She was subpoenaed for trial and prosecutors received an affadvit from her indicating her desire to not prosecute or participate in her husband's prosecution.
"It's not uncommon in these domestic violence cases for the victim to have a change of heart and not want to testify," WFTV legal analyst Bill Sheaffer said.
Investigators said Chung shot at his wife last October while she sat in her car outside of Holmes Regional Medical Center in Melbourne. Her phone was hit by a bullet that narrowly missed her head and she was able to drive away and track down an ambulance for help.
Earlier this month, around the same time Chung made a demand for a speedy trial, the victim's daughter informed prosecutors that her mother was taking a vacation for a few weeks.
"The state has to get this case to trial or it could be dismissed on the basis of speedy trial, regardless of the guilt or innocence of the accused," Sheaffer said.
If Chung's wife can be located, she'll be taken into custody as a material witness. She's already testified in the case and has been cross-examined under oath.
Cox Media Group
