Fla. man heard yelling on video after being shot
Sunday, December 11, 2011
MIAMI (AP) — A cell phone video captured the sound of a confrontation between a South Florida man and his mother-in-law and the gunshots she is accused of firing at him, authorities said Saturday.
“I can’t believe you did that! I can’t believe you did that! What are you, crazy?” Salvatore Miglino, 39, of Boca Raton, is heard yelling in the video.
His estranged mother-in-law, 66-year-old Cheryl Hepner, was arrested Thursday. She was being held Saturday in jail without bond.
Broward County Sheriff’s investigators said Hepner fired three shots at Miglino on Wednesday, striking him in his rib cage and shoulder. Miglino was treated and later released from a hospital.
Hepner is heard in a 911 call telling a different side of the story, telling the operator that Miglino “had me down on the floor, on the ground” and pulled the gun on her first outside her home in Tamarac.
“I tried to grab the gun and shoot,” Hepner said.
Her attorney said Hepner was only protecting her grandson and daughter, who live with her but were not home at the time.
“I can’t imagine that she would go out and purchase a gun and have some ulterior motive,” attorney Michael Tenzer said.
Hepner, who was not injured, told the operator that the gun belonged to Miglino. Investigators said they had not yet determined who owned the gun.
The recording captured on Miglino’s cell phone does not show the actual shooting. Only their conversation, followed by several gunshots, can be heard on the video.
Miglino pulled up to the house to pick up his son under a court order that authorizes him to take custody of the child every Wednesday night, according to a sheriff’s office report. Hepner met him outside with the boy’s pillow and bag and told Miglino that his father-in-law wanted to talk to him inside, the report said.
Miglino declined to go inside and asked for the boy’s belongings. Hepner then pulled a handgun out from behind the pillow and fired three shots at Mignilio, he told investigators.
Miglino landed on top of her to stop her from shooting again, said sheriff’s office spokeswoman Dani Moschella. The gun jammed, “so that may have been the reason she stopped shooting,” Moschella said. The video, she added, “corroborates his story.”
“I caught it on video on my cell phone because I knew something stupid was going to happen,” Miglino is heard telling a 911 operator.
Tensions have been high between Miglino and his estranged wife for over a year. The two have been in bitter divorce proceedings, fighting over the boy’s visitation schedule, records show.
“All he wants is quality time with his son,” said Miglino’s family law attorney Andrea Gundersen. The attorney dismissed accusations made by Hepner on the 911 call that Miglino was trying to kidnap his son and take him to New York.
Mignilio has a court order granting him exclusive time with his son during the week of Christmas, Gundersen said. Miglino attended a hearing Friday regarding his son and planned to be reunited with him, his attorney said.
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