Trial begins for man who shot at wife in hospital parking lot

BREVARD COUNTY, Fla. (WOFL FOX 35) - In October of last year,  Sherry Chung allegedly escaped the Palm Bay home where her husband of 29 years, Gavin Chung, was holding her against her will.  She managed to get away, according to court documents, and drove to Holmes Regional Medical Center at her daughter's request.

But as she got out car her husband, who followed her, ran towards her and then shot a round from his .40 caliber handgun. Fortunately, she ducked and the bullet hit her dash mounted iPhone. She hit the gas and sought refuge inside a Melbourne Fire Department rescue vehicle.

In January of this year, Chung testified against her husband during his bond hearing. She recounted the horrifying moments of their encounter. As a result, the judge kept him in jail.

But nine days later, court documents show Sherry had a change of heart. She no longer wanted to testify against her husband, and instead, asked all charges be dropped. She also blamed her husband's behavior on "temporary insanity."

Since then, Sherry Chung has not returned phone calls from the state prosecutors office. Deciding it was in the best interest to pursue a protection for the safety of the victim and any potential future victim, state prosecutors say they decided to push forward with the case. Judge Jeffrey Mahl agreed, and issued a "write of bodily attachment", which requires the victim be arrested if law enforcement figures out where she is.

Prosecutors say it's not uncommon for a victim of domestic violence to request the case against their loved one be dropped. But since they have enough evidence to continue the case without her, the state has decided to push forward. Jury selection got underway today.