The woman who allegedly committed suicide by killing her elderly husband at a Florida hospital was given a trial date in early January by a court on Thursday.
The trial of Ellen Gilland, 78, is scheduled for January 6, according to Volusia County Judge Kathryn D. Weston. The court anticipates being able to seat a jury by Monday, and 90 jurors will be called into court on that day, according to Weston. According to Assistant State Attorney Mark Interlicchio, he will rest his case in a day or two if all goes as planned.
Gilland was charged with two counts of aggravated assault with a firearm, aggravated assault of a law enforcement officer with a firearm, and assisting in self-murder in connection with the shooting death of her husband, 77-year-old Jerry Gilland, at Advent Health Hospital on January 21, 2023.
The prosecution attempted to bar five of the defense witnesses from testifying at trial on Thursday, claiming that their statements would “be for the impermissible purpose of eliciting sympathy.” These witnesses included hospital staff who provided care for Jerry Gilland.
He had stated a wish to end his life while receiving treatment, and the hospital staff could attest to this. Because it is essential to the defense argument that his wife was carrying out his intentions, Weston decided that the hospital employees might testify about the victim’s suicidal thoughts.
Following the about 25-minute hearing, Gilland was assisted by court deputies in standing up, and she grinned as she left the courthouse using a walker.
According to earlier reports from Daytona Beach police, the couple allegedly plotted the murder three weeks prior. According to Daytona Beach police chief Jakari Young, Jerry Gilland was meant to be the shooter but became too weak. During a bond hearing, a detective said under cross-examination that the husband loaded the gun and that Ellen Gilland held the revolver to her husband’s head as he held her wrist. The investigator said that the husband lacked the skill to do it himself.
However, prosecutors contended that Ellen Gilland posed a risk to others in addition to herself. First-degree murder was one of the original charges. Responding police were seen outside the hospital room where she was holed up after allegedly shooting her husband, according to body camera footage.
She had been repeatedly urged to put down her gun by police officers who had drawn their weapons.
One of the officers responded, “Tell me what’s happening.” “I don’t wish to cause you harm. We wish to avoid causing you harm. Tell me what’s happening. Simply speak with me.
Police said in the charging affidavit that they were called to the hospital in connection with a shooting. Officers came on the eleventh floor to find Ellen Gilland in room 1106 with a gun. At least one gunshot was heard by witnesses from within the room.
“W1 and W2 entered room 1106 and observed the defendant seated on the left side of the patient’s bed,” according to the affidavit. “The defendant was seated with her back to the far wall and the patient bed between her and the entryway of the room. W1 observed the defendant holding a black revolver handgun which she had aimed at W1 and W2. W1 observed the victim laying unresponsive on the bed in a pool of blood.”
Gilland allegedly ordered them to leave after claiming to have a gun. Upon entering the room, both witnesses reported smelling burning gunpowder.
The affidavit said that despite officers’ efforts to persuade Gilland to surrender, she continued to point her rifle toward the doorway of the room as they called out to her from outside.
Gilland fired fire once more, according to police, but they were able to apprehend her without shooting anyone else.
“The tazer [sic] was deployed [after they used a flashbang], however it was unsuccessful in subduing the defendant,” according to the affidavit. “As the tazer [sic] was fired at the defendant, she fired one round from her handgun which struck the ceiling tiles above the victim’s bed.”
According to the detective’s testimony, he thought the bullet that hit the ceiling was intended at officers. He asserted that Gilland’s car contained over 100 live rounds and that a box containing 45 live rounds was still in the hospital room.
According to a defense psychiatrist’s testimony, Gilland did not pose a significant risk to herself or others. He claimed she had recovered from her major depressive episode, which was brought on by her husband’s fatal sickness.
One of the woman’s nieces stated that the defendant could remain with her, and the other two testified that they would assist in caring for her if she were freed. Another niece promised to help Gilland get to court appearances and to make sure there were no guns in the house.
Prosecutors acknowledged that the defendant “loved her husband” and called the case “troubling.”
However, they claimed that when Gilland brought and discharged a loaded weapon into a crowded hospital, then pointed the gun at many people before firing it once more, she constituted a clear threat to everyone there.
Judge Karen Foxman denied Gilland the opportunity to be released at the conclusion of that bond hearing, which was related to the initial murder charge. Despite the indictment’s lighter allegations, she posted a $600,000 bond.