The woman shot in a mall parking lot last month is seeking a long-term protective order against her husband, who she believes may have pulled the trigger, she said in court papers.
An evidentiary hearing is scheduled for Monday in Juneau Superior Court.
Tuyet Hagerup, 44, owner of the Big Dipper ice cream store at the Nugget Mall, was shot in the head Nov. 8 as she walked to her vehicle in the mall parking lot.
A 20-day protective order keeping Hagerup's husband, apartment landlord Ron Hagerup, 49, from seeing or speaking to her was issued Nov. 20 by District Magistrate John Sivertsen. He turned down a previous protective order request in July 2000, citing lack of evidence.
The petition also asks the court to give Tuyet Hagerup custody of the couple's two daughters, ages 3 and 9, and that the husband's visitations with the children be supervised.
In an affidavit from Tuyet Hagerup she said, "I am afraid Ron Hagerup tried to kill me on Nov. 8, 2001."
She explained these statements in the petition for a personal protection order.
"Ron Hagerup is the only person I can think of who would do this to me. There was no evidence of robbery at my shooting," she said. "I am afraid of Ron Hagerup."
In a counter-motion, Keith Levy, Ron Hagerup's attorney in divorce proceedings that began in the summer of 2000, said there was no evidence his client was involved.
"She (Tuyet Hagerup) offers no credible or admissible evidence to support her position," Levy said. "He has not been arrested or charged and police said they have no suspects."
Tuyet Hagerup's divorce attorney, Elizabeth Ziegler, in her motion, said police were investigating Ron Hagerup as a suspect. The officer investigating the case was not available for comment by the Empire's Saturday evening deadline.
Ron Hagerup did not return calls made to him Saturday by the Empire.
The divorce proceedings turned bitter when the parties couldn't agree on terms of shared custody as well as the division and value of the marital estate, according to written statements from the Hagerups.
On Nov. 6, Superior Court Judge Patricia Collins scheduled a settlement hearing for Nov. 20 to discuss final settlement of the divorce.
"The shooting occurred two days after the court set the parties' final divorce hearing," said Ziegler in her motion. "The couple has a history of domestic violence."
In summer 2000, Tuyet Hagerup alleges in her
petition, Ron Hagerup "shoved me and pushed me against the car door and bruised my whole arm," and police were called when she would not let him take their daughter with him.
In her petition, she also claims her husband tried to take their daughter on another occasion, in July. He put her daughter in his vehicle, at which time Tuyet Hagerup stood behind the vehicle to prevent his leaving, she said in the petition. She alleges he continued to back up, hitting her in the stomach with the vehicle. Ziegler said in another statement to the court that Ron Hagerup only stopped the vehicle when family relatives banged on his vehicle.
However, these two incidents were not mentioned in the first petition for a protection order Tuyet Hagerup filed July 20, 2000.
In the 2000 petition, Tuyet Hagerup said Ron Hagerup was disregarding custody agreements and moving her belongings out of the apartment they both owned.
According to court documents, Sivertsen, the magistrate judging the original petition, dismissed the complaint because he found no evidence of physical abuse and Tuyet Hagerup didn't show up for a scheduled court appearance on the matter.
Levy said in his counter-motion to the recent petition, "This is just evidence of Ms. Hagerup's attempts to use the domestic violence protective order process to gain custody of the children and circumvent the authority of this court."
Tuyet Hagerup was discharged from Harborview Medical Center in Seattle on Nov. 17, a spokeswoman said.
Melanie Plenda can be reached at firstname.lastname@example.org.