A jury had begun hearing testimony Tuesday in the case in which a man allegedly shot his girlfriend in the rectum, but a mistrial was declared.
Criminal Court Judge Doug Meyer said the mistrial was declared because defense attorney Larry Young asked a question about the alleged victim being in Moccasin Bend Psychiatric Hospital.
The case in which Montgomery Hilton Garner is charged with attempted first-degree murder will have to be rescheduled.
Garner has been in custody since the incident Oct. 26, 2003.
Judge Meyer said the issue of the alleged victim's stay at Moccasin Bend was not supposed to be brought up without a hearing on the issue. Attorney Young said he had not been clear on that ruling.
After the attorney asked Roxanne Arrowsmith about Moccasin Bend, she also said that prosecutor Jay Woods had told her not to get into that issue. Prosecutor Woods said that statement coupled with the question by the defense attorney "made me lose all credibility with this jury."
Ms. Arrowsmith said she was lying on the bed and Garner put the gun to her buttocks and fired. Attorney Young said the medical proof did not support the allegation that the gun was put in the rectum.
The victim had to undergo numerous operations after fragments of the bullet went up into her colon and liver and an infection developed.
Garner, 43, had undergone a mental examination after the incident, but was found to be competent.
Authorities said Ms. Arrowsmith at first did not tell police what happened because she was concerned due to Garner being abusive to her.
She later said he was upset and intoxicated when he penetrated her rear with the barrel of a .38-caliber revolver and fired the weapon.
It occurred on Oak Ridge Drive.
The shooting tore portions of her bladder, intestines, colon, stomach, and liver, which all had to have portions removed.
Garner was on probation for a previous domestic assault against the same victim.
He was placed on $1 million bond on that probation violation as well as another $1 million bond on the attempted murder.
After the mistrial, attorney Young suggested that the case be settled. But prosecutor Woods said the case was more serious than to allow him to get 8-10 years.