Slain husband had feared his wife

Shooting death: Lawrenceville couple had ‘extensive domestic history,’ police say. In June, magistrate issued six-month mutual protective order.

The Atlanta Journal-Constitution

Saturday, August 16, 2008

“Somebody’s going to get hurt in the house.”

Those words were penned 10 weeks ago by Gary David Earls in requesting a temporary protective order against his wife. Thursday, she was charged in his murder.

Police say Evelyn Fields-Earls, 52, shot her husband in the head Wednesday night at their home on Amelia Grove Lane in Lawrenceville.

Earls’ daughter found him lying on the floor and called 911, according to Cpl. Illana Spellman, a Gwinnett police spokeswoman. A witness told police Earls’ wife was seen walking away from the house shortly after the shooting.

As for the motive behind the shooting, Spellman said, “We don’t know.”

“They do have an extensive domestic history,” Spellman said.

Court records show Earls, 55, filed for a divorce once in 2006, only to have the case dismissed when both he and his attorney failed to show for a hearing. He filed for divorce a second time in April.

By late May, things had apparently gotten so bad between the couple that “all we do is fight all the time,” Earls wrote in a petition for a temporary protective order. He also stated that Fields-Earls had made numerous threats to harm him, including placing knives around the house and threatening to throw hot water on him.

“I am afraid that something is going to happening (sic) to me and I would like for something to be done, because it is out of hands (sic),” Earls said.

Just four hours later, Fields-Earls filed a similar petition seeking protection from her husband.

In it, she claimed Earls twisted her arm, struck her in the face and broke her cellphone.

She said the assault came after Earls found out she had filed a temporary restraining order against his 30-year-old daughter and had the daughter evicted from their house, court records show.

Gwinnett County Magistrate Gene Cantrell threw out Fields-Earls’ request for a temporary protective order against Earls’ daughter.

However, the judge did put in place a six-month mutual protective order on June 3 for the husband and wife.

The order prevented the couple from contacting or coming within 100 feet of each other, except when handling matters related to their pending divorce.

A temporary protective order “is not something that can provide absolute protection,” Chief Magistrate Judge George Hutchinson said.

“It’s just a piece of paper. It’s not going to stop violence if somebody is willing to violate the order,” Hutchinson said.

He said people who are in danger of family violence should also develop a personal safety plan.

“These are oftentimes very volatile situations that occasionally result in this sort of final conclusion,” he said.

Fields-Earls is being held without bond at the Gwinnett County Detention Center.

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