Published: April 01, 2009 10:37 pm         

Alleged Prairie Creek shooter posts bail

Judge sets Harvey Hayhurst Jr.’s trial date for Sept. 21

TERRE HAUTE — A Prairie Creek man charged with attempted murder in the alleged shooting of his wife last week has posted $200,000 cash bail at the Vigo County jail.

Harvey Hayhurst Jr. walked out a free man pending trial after the money was posted Wednesday afternoon.

Earlier Wednesday in court, Judge Michael Lewis set Hayhurst’s trial date for Sept. 21 as the alleged victim, Paula Hayhurst, watched from the gallery. The judge said he had heard that Harvey Hayhurst planned to post bail. He ordered him to have no weapons, have no contact with his wife and report to Hamilton Center for counseling.

One of the defendant’s attorneys, Jessie Cook, said arrangements for counseling had been made.

Hayhurst is accused of shooting his wife in the head with a handgun on Friday in the garage of their home on West Evans Drive. The bullet apparently traveled a short distance inside her head before exiting. Along with class-A felony attempted murder, he is charged with aggravated battery, a class-B.

Paula Hayhurst walked slowly to and from court with a cane, in short steps and with a woman at her side to help. She spoke only briefly to a reporter, responding to a question about how she felt by saying “I’ve felt better.” She declined to say why she attended court and Prosecutor Terry Modesitt declined comment about her presence in the courtroom.

Harvey Hayhurst’s co-attorney James Boswell declined comment on details of the posting of bail, or where his client plans to live while awaiting trial. Boswell said he would withhold comment on Hayhurst’s defense strategy until after taking a better look at the evidence.

Both Hayhursts gave recorded statements to police in the aftermath of the shooting. She said he uttered the words “I have to kill you,” and then they struggled over the gun before he shot her from two or three feet away, according to court papers. The defendant said the shooting was an accident. Police reportedly found six spent shell casings inside the .22-caliber revolver.



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