Retired naval captain, 65, remains paralyzed as a & # 39; conspiracy to kill his ex-wife and his stepdaughter shoots him after attacking the couple with a key & # 39;
- A judge has decided to keep a man paralyzed in a recent shooting behind bars
- Henry Frank Herbig, 65, from Florida allegedly had plans to kill his ex-wife
- He would have attacked his wife before he was shot by his stepdaughter
- The police regarded her actions as self-defense – the bullet landed in his backbone that paralyzed him
A Florida man accused of attempting to kill his wife is in jail after his alleged plan failed and he was paralyzed when he was shot.
Henry Frank Herbig, 65, who is a retired naval captain, has been accused of aggravated malicious wounding and breaking and entering with the intention of committing a crime.
Prosecutors said Herbig broke into the house of his estranged wife in Virginia Beach on September 8 and attacked her and her daughter with a wrench.
Henry Frank Herbig, 65, from Florida allegedly had plans to kill his ex-wife, but he is now paralyzed
But revenge was quick when his stepdaughter shot him on the spine during the attack and according to him WGNT.
Prosecutors told the judge how Herbig first attacked his stepdaughter with the key when she left her dog in the backyard.
He then forced himself into the house and attacked his estranged wife, it is claimed.
Prosecutors say that if the stepdaughter had not shot Herbig, he might be able to implement his plan.
The police regarded her actions as self-defense – the bullet landed in his backbone that paralyzed him. He appeared in court using Facetime on an iPad
Authorities say the stepdaughter acted in self-defense and did not file a complaint against her.
On Wednesday, a Virginia judge denied the connection with Herbig, who appeared in court via videoconference from his hospital bed.
Investigators say they found a diary in Herbig's car describing his plans for the murder.
It documents how he used different cars to drive from Florida to Virginia and bought gas bottles so he didn't have to stop.
Investigators say they found a diary in Herbig's car with detailed plans to commit the murder and drive from Florida to his ex-wife's house in Virginia
The man would also have worn several cell phones, disguises, garbage bags, cable ties, duct tape and weapons, including a wooden stick, a key and a gun.
Prosecutors say that Herbig is rich and still runs a flight risk because he knows several pilots and has a number of houses, one of which is near the Canadian border.
Although he cannot walk, they said he is still a danger.
His lawyer has argued that prison staff are unable to provide proper care for Herbig and that he must be released on bail.
Prosecutors argued that although Herbig cannot make a fist and will never be able to walk again, he is still a danger to the community.
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