Local woman pleads not guilty in alleged Halloween shooting
By Rebecca Ray
Saratoga resident Ellen Barrett pleaded not guilty Jan. 7 on charges of assault with a firearm, assault and battery resulting in serious bodily injury and willful infliction of bodily injury upon her ex-husband, following an alleged shooting at her Marilyn Lane home.
Around 7:30 p.m., on Halloween, after receiving a report that Barrett had shot her ex-husband, Larry Marshall, Santa Clara County Sheriff's deputies found him, wounded, standing outside Barrett's house. During the incident, the couple's 4-year-old son was asleep in the house, according to Sgt. Ted Atlas of the sheriff's Westside Substation.
Although Marshall sustained multiple wounds, none of them were life-threatening. Prosecuting Deputy District Attorney Steve Dick says that, the last he heard, which was around November or December, Marshall had lost vision in his left eye and may be permanently blind.
Barrett, 40, was also charged with two enhancements--special circumstances that can increase a punishment, according to Dick. The enhancements include infliction of significant or substantial physical injury under circumstances that involve domestic violence and use of a firearm, both in an attempt to commit a felony.
Barrett's attorney, Guerin J. Provini, says the defense is taking the position that Marshall was stalking Barrett, that he was trespassing on her property and that he threatened to kill her. The defense is examining whether Barrett acted in a reasonable manner and continues to examine physical evidence and interview witnesses, Provini said.
Barrett surrendered to the arrest without incident, Atlas said. Following her arrest, she posted bail and was freed on a $100,000 bond.
Although the sheriff's office also arrested Barrett for attempted murder, the prosecution did not charge her with attempted murder, because Dick said he didn't believe the charge was appropriate, based on current information.
A preliminary hearing has been set for March 25 at the Hall of Justice. The two sides will meet with a judge and either set a date for a preliminary hearing or try to resolve the case, Dick said.
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Saratoga, California Since 1955
