Judge Won't Toss Attempted Murder Charge in Alleged Pistol Whipping

A Morristown judge won't dismiss the attempted murder charge against a Livingston man accused of injuring his longtime girlfriend with a firearm last year.

The public defender assigned to Donald Ebert, 55, told a judge there was no evidence to suggest that that Ebert had “intended the death” of the unnamed woman, but rather had been threatening to kill himself before the gun was discharged, according to a report on nj.com

The judge, however, said that a jury may consider the charge against Ebert because the woman told cops that Ebert pointed the gun at her just before it discharged, according to nj.com.

The injured woman said that Ebert was threatening to kill himself when she was injured because of relationship acrimony, according to the report. Ebert then drove her to Morristown Medical center and drove back to his Livingston home and barricaded himself inside.

It took nearly three hours of negotiations with cops before he surrendered to police.

The woman had been Ebert’s girlfriend for 20 years, and the couple had two children together, according to nj.com. Ebert and the woman had been separated for several months at the time of the argument, however.

The judge allowed all the charges—which also include aggravated assault and unlawful possession of a weapon—to stand against Ebert.

The case is being heard in Morristown court because Ebert's car was parked in Morristown at the time of the incident.