A judge ruled that a 76-year-old woman accused of fatally shooting her terminally ill husband at AdventHealth Daytona Beach will remain in the Volusia County Branch Jail without bond, citing testimony the woman also fired a gun in the direction of police officers.
Circuit Judge Karen Foxman rejected a request that Ellen Gilland, of New Smyrna Beach, be released on $50,000 bond.
Gilland has been held at the jail since Jan. 21, when she shot and killed her 77-year-old husband, Jerry, in his hospital room, according to police.
In addition to first-degree murder, Gilland was also charged with three counts of aggravated assault with a deadly weapon.
Foxman noted testimony that Gilland had taken a gun into the hospital and, after shooting her husband, pointed the gun in the direction of a nurse and a security officer, and later fired the weapon in the direction of police. She also cited that Gilland had another 45 rounds of ammunition in her car.
Assistant State Attorney Heatha Trigones had asked that Gilland remain held without bond, arguing that she posed a danger to the community. Trigones said when police entered the room, Gilland raised the gun in their direction and fired it. The bullet struck a ceiling tile between the officers and Gilland, according to testimony.
Gilland’s defense attorney, Matthew Ferry, filed a motion Wednesday asking Foxman to set reasonable bail and conditions of release for Gilland, stating a psychiatrist did not find her to be a risk to herself or the community. During Friday’s hearing, Ferry said a niece had agreed to take Gilland in and make sure she did not have access to a weapon; she also said she would ensure Gilland attended all court hearings.
Ferry also questioned psychiatrist Dr. Jeffrey A. Danziger, who testified that he did not believe Gilland posed a threat to herself or the community.
A detective testified that Gilland had held the gun and pulled the trigger while her husband held on to her wrist.
A motion filed by Ferry states that Gilland and her husband were “happily married” for 53 years. They lived in Central Florida for more than 60 years, the document states.
Gilland had no prior criminal record. She graduated from Rollins College and received her master’s degree from Nova Southeastern University, according to the motion.
Before retiring, Gilland was a teacher in Volusia and Lake counties, the motion states. The motion does not specify whether she taught for the Volusia County School District. The News-Journal has requested information from the school district.
Danziger evaluated Gilland on Feb. 5 and stated that his “professional opinion is that Ms. Gilland does not currently represent a heightened risk of harm to herself or to the community if she were to be released on bond,” the motion states.
Gilland agrees to be at all required court appearances and abide by conditions set by the court, the motion states.
Daytona Beach Police Chief Jakari Young said at a press conference following the incident that investigators believe the couple planned the shooting about three weeks earlier.
He said Gilland’s terminally ill husband intended to fire the handgun himself but “did not have the strength,” Young said, “so she had to carry it out for him.”
Gilland had planned to turn the gun on herself, but was unable to go through with it, he added.
According to a report, Gilland kept the .38 revolver pointed at the hospital room door while talking with officers outside. The 3.5-hour standoff ended when SWAT team officers used a flash-bang device to distract Gilland and entered the room, the report stated. Officers tased Gilland who then fired a shot, striking the ceiling, the report stated. Gilland then dropped the gun and was arrested, according to the report.