A man accused of shooting his wife at an eastern Kentucky restaurant listens in court as a detective describes what happened.
A judge waives the case against Clarence Tester to a Breathitt County grand jury.
No cameras were allowed in the courtroom, but WYMT’d Marie Luby spoke with the only person to take the stand in the preliminary hearing.
Disturbing details of the Hardee's shooting came to light in a preliminary hearing for Clarence Tester.
A detective in the case testified that Tester walked into the kitchen to see his wife Donna, who had just left him.
When she told him to leave, detectives say Tester shot her in the chest.
They say Donna Tester turned and ran to hide behind an ice machine...as her estranged husband shot her two more times.
Her daughter and son-in-law told police Clarence Tester had cried to them earlier that day, and threatened to kill himself.
The defense attorney pointed out there was no domestic violence or emergency protection order in place against Tester at the time of the shooting.
Darrell Herald says it's too early to speculate about whether the grand jury will indict him.
He's expecting police to finish their report for him this week.
“I haven't even seen the report yet. Once we see that we'll be in a better position to fully appraise the case for its strengths and weaknesses,” Commonwealth’s Attorney Darrell Herald said.
A grand jury will hear the case April fourth.
Detective Dean Craft also testified that about 15 people witnessed the shooting.
Clarence Tester is charged with assault.
He declined our request for an interview.
Donna Tester is still recovering at the UK Medical Center.