Published: March 30, 2009 11:57 pm         

Accounts differ in Friday shooting

Man claims struggle with wife over gun; woman alleges threat

Harvey Hayhurst uttered the chilling words “I have to kill you,” before shooting his wife in the head inside their home Friday near Prairie Creek, the victim allegedly told police.

But Hayhurst’s account mentions no such words and says his wife was shot by accident while the two struggled over a .22-caliber revolver.

Paula Hayhurst was being treated Monday in Methodist Hospital in Indianapolis, where she had been flown Friday by Lifeline. She has requested that no information be released about her condition.

Based on the wounds described by police, the bullet apparently entered above an ear and traveled a short distance before exiting the back of the head at the base of Paula Hayhurst’s skull.

Harvey Hayhurst, 53, appeared in Vigo County Superior Court Division 6 on Monday, where Judge Michael Lewis found probable cause for his arrest for attempted murder, a class-A felony; and aggravated battery, a class-B felony. Lewis set his bail at $200,000, cash only.

Both Hayhursts gave recorded statements to police about the shooting, which occurred about 1:30 p.m. in the garage of their home on West Evans Drive in southern Vigo County.

They spoke of marital problems that had escalated recently. On Friday, Paula Hayhurst wanted to leave the home and her husband said no, fearing she wouldn’t return. That is when he got the fully loaded six-shooter out of a bedroom closet and followed her into the garage.

There, their stories differ, according to a probable-cause affidavit written by Detective Clayton White of the Vigo Sheriff’s Department.

Paula Hayhurst’s account: She told him she was leaving the house, but would be back, when he said, “No, I have to do this,” then “I have to kill you.” He pointed the gun and they struggled over it. He was about two or three feet away when he shot her. She fell, rose and stumbled to find a way out of the garage while he kept shooting at her. She became dizzy and lay on the floor. He knelt down and tried to place the gun in her hands, saying “I can’t take the blame for this, you take the gun.” She refused. She told him she was dying, and he called 911.

Harvey Hayhurst’s account: They argued about her leaving when he put the gun to his head and threatened to shoot himself. A struggle ensued and the gun fired, with the bullet striking her in the head. She grabbed the gun away and shot herself two times.

Hayhurst then recanted this story and said instead that after the first shot, the two struggled over the gun and that it fired two or three more times.

Sheriff’s Detective John Moats found six spent shell casings inside the revolver.

Harvey Hayhurst told police that his original intention was only to scare his wife with the gun. He expressed regret to police over the shooting, according to the affidavit.

Paula Hayhurst characterized her husband as “controlling” and described past arguments during which he had bruised her, once from a squeeze and once from a push.

In court, Harvey Hayhurst’s attorney, Jim Boswell, asked for a bail of $75,000, with real estate acceptable. Hayhurst worked at Pfizer from 1985 to 1997, has lived in Vigo County since 1974 and cares for his 80-year-old mother.

“He has no criminal history, not even a traffic ticket,” Boswell said.

Prosecutor Terry Modesitt requested $500,000 bail because of the seriousness of the charge and to ensure the safety of the community, he said.

The Hayhursts had many family and friends inside the courtroom. As he entered court on a chain with other inmates, among the 10 or so people in support of Harvey Hayhurst was a tearful cousin who leaned forward to assure him, “We’re here for you.”

Security was heavy inside the courtroom, a standard procedure for violent felonies. The sheriff, chief deputy and two other jail officers accompanied Hayhurst.

John D. Wright can be reached at (812) 231-4255 or john.wright@tribstar.com.