Saratogan charged with assault in alleged Halloween shooting
By Rebecca Ray
A Saratoga woman was charged Nov. 30 with assault following an alleged shooting at her Marilyn Lane home on Halloween night.
The woman, Ellen Barrett, was charged with assault with a firearm, assault and battery resulting in serious bodily injury and willful infliction of bodily injury upon her ex-husband, Larry Marshall.
Barrett, 40, was also charged with two enhancements--special allegations that can increase a punishment, according to prosecuting Deputy District Attorney Steve Dick. The enhancements were infliction of significant or substantial physical injury under circumstances that involve domestic violence and usage of a firearm, both in an attempt to commit a felony.
Around 7:30 p.m. on Halloween, after receiving a report that Barrett had shot Marshall, the Santa Clara County Sheriff's Office found him, wounded, standing outside Barrett's house. Although Marshall sustained multiple wounds, none of them were life-threatening. However, Dick says he understands that Marshall lost vision in his left eye, and that he may be permanently blind.
According to Sgt. Ted Atlas of the sheriff's Westside Substation, Barrett surrendered to the arrest without incident. After her arrest, she posted bail and was freed on a $100,000 bond.
Although the sheriff's office arrested Barrett on charges of assault with a deadly weapon and attempted murder, the prosecution did not charge her with attempted murder, because Dick said he didn't think the charge was appropriate, based on current information.
Barrett will have an opportunity to make a plea in the case on Jan. 7. Guerin J. Provini, Barrett's attorney, says that she plans to plead not guilty. Based on his investigation so far, Provini says, if the case goes to trial, he will argue that Marshall was stalking Barrett, and that Barrett acted in self-defense. Provini says his client's life was threatened.
Sheriff's detectives are conducting an ongoing investigation to determine the suspect's motive, how many rounds were fired, the nature of Barrett and Marshall's relationship and why Marshall was at Barrett's home.
Sgt. Dean Baker of the sheriff's office, who is investigating the incident, says it's a "convoluted" case so far.
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Saratoga, California Since 1955
