Defendant Gives Wife Home To Avoid Civil Suit

SEBRING - David A. Will was found innocent of attempted second-degree murder during his criminal trial, but because of an out-of-court settlement he's made to avoid a costly civil suit, he will now be giving up his home.

Will, 83, of Lake Placid, was found not guilty last month by a Highlands County jury of attempted second-degree murder with a firearm after shooting his wife, Barbara, 63, in the upper right tricep area of her arm, in February 2006, following a domestic dispute.

As a result of the shooting, Barbara filed a civil lawsuit before the start of David's criminal trial seeking damages for medical costs and pain and suffering.

However, before the lawsuit was scheduled to go to trial on Nov. 5, David reached an out-of-court settlement with Barbara, giving up ownership of his home at 116 Lake Huntley Drive, where the shooting took place.

During a phone interview Wednesday, David said that he gave up the home because Barbara's medical costs exceeded $26,000, and there was a $30,000 remaining on the home's mortgage, which he will continue to pay.

While in jail awaiting his criminal trial, court files show that David hand-wrote several letters to the Judge Olin Shinholser, who was presiding over the lawsuit, stating that he could not afford representation. Many letters started off by saying that David was "embarrassed and ashamed" of his actions and the fact that he was incarcerated.

Barbara still has civil injunction intact, restricting Will's ability to be around her. Will also said that in the future, Barbara will be able to "make more money off of the property than her medical costs" should she decide to sell it or mortgage it.

Before his criminal trial in October, Will had a trial in May which resulted in a hung jury.

After October's trial, Prosecutor John Kromholz said that he thought Will's age played a role in the verdict.

The trial generated controversy, as Will could not recall all of the proceedings that took place when he picked up the handgun that was fired at Barbara, even though he had admitted during previous court proceedings and to law enforcement officials that he fired the shot in the air to prevent Barbara from calling 911.

"My opinion is that (Will's) age and the way he presented himself as more feeble, probably played a role in the verdict," said Kromholz. "He probably received a little bit of sympathy from the jurors."

Jurors took about three hours to deliberate, and lawyers had to be recalled into the courtroom multiple times because they had questions, including whether testimony from Will's previous trial could be heard.

Phone calls to both parties were not returned Thursday. During Wednesday's interview, Will said that he "hoped to move on with his life".