Judge orders woman, 76, accused of shooting terminally ill husband in hospital to remain jailed

A judge ruled that a 76-year-old woman accused of fatally shooting her terminally ill husband at AdventHealth hospital in Daytona Beach will remain in the Volusia County Branch Jail without bond, citing testimony the woman also fired a gun in the direction of police officers.

Circuit Judge Karen Foxman rejected a request that Ellen Gilland, of New Smyrna Beach, be released on $50,000 bond.

Gilland has been held at the jail since Jan. 21, when she shot and killed her 77-year-old husband, Jerry, in his hospital room, according to police.

In addition to first-degree murder, Gilland was also charged with three counts of aggravated assault with a deadly weapon.

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Foxman noted testimony that Gilland brought a gun into the hospital and, after shooting her husband, pointed the gun in the direction of a nurse and a security officer, and later fired in the direction of police. She also cited that Gilland had more ammunition in her car.

Foxman asked Daytona Beach Police Det. Collin Howell about his testimony.

"She pointed the weapon at the police officers?" Foxman asked.

"Yes, ma'am. How I understand it. She grabbed the firearm. She raised it at officers. As she was raising it, she discharged the firearm at officers entering the room," Howell said.

He said the bullet struck the ceiling tiles.

Foxman noted that the accusations against Gilland go beyond shooting her husband.

“Albeit tragic, this is not a situation where two people at home have made the decision, which would still be illegal, but made a decision to take a life out of mercy,” Foxman said. “Unfortunately, you have a defendant here who chose to walk into a hospital with a loaded firearm and a lot of ammunition – not just two bullets, I’d point out – take the life of another human being, her husband.

"And unfortunately went from there to what I understand an hours-long standoff during which she pointed the gun at a nurse, she pointed the gun at a hospital security officer and also she pointed the gun at some police officers and shoots at least in their general direction. Fortunately she did not hit them,” Foxman said.

Assistant State Attorney Heatha Trigones had asked that Gilland remain held without bond, arguing that she posed a danger to the community. Trigones said when police entered the room, Gilland raised the gun in their direction and fired it at them. The bullet struck a ceiling tile between the officers and Gilland, according to testimony.

Gilland's attorney requests 'reasonable bail'

Gilland’s defense attorney, Matthew Ferry, filed a motion Wednesday asking Foxman to set reasonable bail and conditions of release for Gilland, stating a psychiatrist did not find her to be a risk to herself or the community. During Friday's hearing, Ferry said a niece had agreed to take Gilland in and make sure she did not have access to a weapon; she also said she would ensure Gilland attended all court hearings.

Ferry also questioned psychiatrist Dr. Jeffrey A. Danziger, who testified that he did not believe Gilland posed a threat to herself or the community.

Gilland was wheeled into the courtroom in a wheelchair; her right wrist was handcuffed to the wheelchair. She did not appear to show any reaction to the judge's ruling.

Shooting victim's brother 'holds no animosity'

Gilland’s niece, Kathleen Sullivan-Cockrel, testified that Gilland was welcome to move in with her in New Smyrna Beach if released. Sullivan-Cockrel said she had no firearms in the house. She said Jerry Gilland’s family was supportive of Ellen Gilland.

“Very much so,” Sullivan-Cockrel said. “Jerry’s brother, Sam, who also lives in New Smyrna, wanted to make sure that Ellen knows how much he loves her and supports her and holds no animosity.”

Another niece, Beatrice Timme, also testified that Gilland was welcome to live with her. She described Ellen and Jerry Gilland’s relationship as very loving. She said there was no violence between them.

Howell testified that in addition to the revolver, Gilland had a box of bullets with 45 additional rounds in the hospital room. He said another 140 bullets were in the car along with a large hunting knife.

He testified that Jerry Gilland was shot on the left side of his head, behind his ear. He said Gilland held the gun and pulled the trigger while her husband held on to her wrist.

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Howell testified that when a nurse entered the room after the shooting, Gilland pointed the gun at him.

Next, a security guard entered the room, according to the detective.

“She told him ‘I have a gun. You need to leave,’ and she further indicated that she mentioned she will shoot if he doesn’t leave,” Howell testified.

According to a report, Gilland kept the .38 revolver pointed at the hospital room door while talking with officers outside.

The 3.5-hour standoff ended when SWAT team members armed with firearms and another with a Taser entered the room, Howell testified. The team member tried to use the stun gun on Gilland, but missed, and she fired her gun. However, they were able to take her into custody.

Ellen and Jerry Gilland were 'happily married' for 53 years

A motion filed by Ferry states that Gilland and her husband were “happily married” for 53 years. They lived in Central Florida for more than 60 years, the document states.

Gilland had no prior criminal record. She graduated from Rollins College and received her master’s degree from Nova Southeastern University, according to the motion.

She was born in Ottumwa, Iowa, and, when she was 2, her family moved to Volusia County, Danziger testified Friday. She is the only one living out of four siblings.

She met her future husband in high school and they started dating afterward, marrying in 1969, Danziger said. They did not have children.

She worked as a teacher for about a year and then worked in retail before returning to teaching and became “essentially special education teacher” and received a master’s in that field, Danziger said. She worked in Volusia and Lake counties and retired in 2013.

She suffers from diabetes, osteoarthritis and osteoporosis, elevated cholesterol and has had breast cancer twice, first in 1979 and then a recurrence in 2018, Danziger said.

Danziger evaluated Gilland on Feb. 5 and stated that his “professional opinion is that Ms. Gilland does not currently represent a heightened risk of harm to herself or to the community if she were to be released on bond,” according to the motion.

Gilland agrees to be at all required court appearances and abide by conditions set by the court, the motion states.

Investigators believe the couple planned the shooting

Daytona Beach Police Chief Jakari Young said at a press conference following the incident that investigators believe the couple planned the shooting about three weeks earlier.

He said Gilland’s terminally ill husband intended to fire the handgun himself but “did not have the strength,” Young said, “so she had to carry it out for him.”

Gilland had planned to turn the gun on herself, but was unable to go through with it, he added.

This article originally appeared on The Daytona Beach News-Journal: Florida woman, 76, accused of shooting husband in hospital remains jailed