A business owner who was wounded by a gunshot while walking to her car in the Nugget Mall parking lot last month has received a protection order against her husband.
Juneau Superior Court Judge Patricia Collins on Monday granted Tuyet Hagerup's petition against her husband, Ron Hagerup.
Collins also ordered Ron Hagerup to undergo a psychiatric evaluation and she appointed a third party to advocate for the rights of the Hagerup children. Collins ordered Hagerup to turn in his weapons, which include a rifle and a handgun, according to court documents.
Under the six-month protection order Ron Hagerup may not have any direct written, spoken or physical contact with Tuyet Hagerup unless it is through their respective attorneys or the children's custody advocate. Further, he may not go anywhere near her home, the Nugget Mall or the parking lot of the Nugget Mall.
Tuyet Hagerup, 44, owner of the Big Dipper ice cream store in the mall, was shot in the head Nov. 8 as she was walking to her vehicle. According to court documents, she has sustained hearing loss and throat damage, and the bullet is lodged in her head.
Last week, she filed for an order of protection against her husband and asked that his visits with the Hagerups' daughters, ages 3 and 9, be supervised.
Tuyet Hagerup, who testified by telephone from Seattle on Monday, said she was afraid of Ron Hagerup and believed he was the person who shot her.
Ron Hagerup was not questioned in court because he invoked his Fifth Amendment right not to testify against himself.
Collins said she was satisfied that the testimony presented by others warranted her decisions to grant the petition and amend the custody agreement.
"It is not surprising to me that Mrs. Hagerup suspects Mr. Hagerup," Collins said, "given the contentious nature over custody and property division during the divorce, and based on Mrs. Hagerup's testimony that she has no known enemies and the shooting occurred two days after their divorce trial was set."
Tuyet Hagerup filed for divorce in July 2000. The couple had agreed on joint custody and a visitation schedule, but they did not agree on the division of property, according to court records,
Collins said she decided to amend the original custody order because the shooting and Tuyet Hagerup's allegations against Ron Hagerup "significantly changed the circumstances" of custody. Collins ordered supervised visits pending the results of a psychiatric exam of Ron Hagerup.
Keith Levy, attorney for Ron Hagerup, opposed the psychiatric exam, but Collins said it "is important if only to assist Mrs. Hagerup in evaluating the situation and events of Nov. 8. And it will be extremely helpful in making short- and long-term decisions on visitation of these children."
Collins said she granted the protection order based on the history of domestic violence between the Hagerups and between Ron Hagerup and his former wife.
Elizabeth Ziegler, attorney for Tuyet Hagerup in the divorce proceedings, introduced into evidence an order for protection against Ron Hagerup in 1998 granted to his then-wife Lori Hagerup.
Another attorney for Tuyet Hagerup, James Curtain, said the order included allegations from Lori Hagerup that Ron Hagerup had broken dishes, stabbed a screwdriver into the wall, and threatened to harm her.
Tuyet Hagerup also related two instances in the summer of 2000 when, she alleged, Ron Hagerup physically abused her.
She hadn't made those allegations when she filed for the first protection order, in July 2000, which wasn't granted. She said she didn't include them because she was afraid of Ron Hagerup.
Tuyet Hagerup's daughter from a previous marriage, Thui Tran, 22, testified that Ron Hagerup hit her when she was 14 because she told him she didn't want to read the Bible.
Attorneys for Tuyet Hagerup did not present evidence that Ron Hagerup harmed the Hagerups' daughters.
Edward Bibb, a longtime friend and neighbor of Ron Hagerup, said he had never known him to be violent and that Hagerup was good with Hagerup's children. The police are investigating the shooting. They said in a statement today that they have sent evidence to the state crime lab in Anchorage and the FBI lab in Washington, D.C., but would not characterize the evidence.