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Highlands Today

BREAKING NEWS: LP Man Found Not Guilty Of Attempted Second-Degree Murder

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By Dan  Fearson | Highlands Today

Published: October 16, 2007

SEBRING — David A. Will, 83, of Lake Placid was found not guilty by a Highlands County jury of attempted second-degree murder with a firearm late Tuesday afternoon.
Will was on trial for shooting his wife, Barbara, in February 2006, following a domestic dispute.

"I certainly feel as though (Will's age) played some role in the verdict," said defense attorney Justin S. Gaines of Lakeland.

If he had been convicted, Will, who suffers from chronic obstructive pulmonary disease and experiences problems breathing, more than likely would have been sentenced to live out his remaining days in prison.

Will has remained in the Highlands County Jail since his arrest. In May, Will had a trial which resulted in a hung jury.
"I think that following that (the hung jury verdict) the state could have come up with more appropriate charges, which may have led to a conviction," Gaines said.

Court records and arrest reports provided by the Highlands County Sheriff's Office state that Will admitted to shooting Barbara in the upper right triceps area of her arm. According to the reports, Will told investigators that he fired the shot in the air to prevent Barbara from calling 911.

Will had previously been arrested in 1995 and 2004 for domestic violence and battery charges. Will told investigators that he "didn't want to go back to jail, so he fired the shot in the air to get her attention."
For a complete story, read Thursday's edition of Highlands Today.

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