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Court upholds conviction of man who shot wife

By Messenger Staff | Published Saturday, April 27, 2013

A Boyd man convicted two years ago of shooting his wife in the leg in Parker County had his appeal denied earlier this month.

David Daniel Duff Jr.

David Daniel Duff Jr.

David Daniel Duff Jr., 43, was convicted by a Parker County jury on three charges of aggravated assault and sentenced to 60 years in prison in June 2011.

The incident happened Nov. 3, 2010. Investigators said Duff had been served with divorce papers and drove to where he believed his wife had been staying in Springtown when he saw her and her cousin driving home. Duff cut them off with his car and then began yelling at his wife and pointed a handgun at the two, causing them to speed away. Duff pursued them and rammed the other car into a pipe fence near the intersection of Horseshoe Drive and Goshen Road, according to trial testimony.

Duff’s wife got out of the car, and he shot her in both legs, according to prosecutors. The victim was flown from the scene to John Peter Smith Hospital in Fort Worth where she remained for about three weeks.

Prosecutors said Duff also pointed a gun at his wife’s head and got into a standoff with the cousin’s husband, who came upon the scene with a gun.

At his trial, Duff pleaded guilty to three aggravated assault cases and elected to have the jury decide his punishment. The jury returned verdicts of 60 years, 20 years and 10 years on the three charges.

Duff appealed that the trial court did not allow him to withdraw his guilty pleas on two of the three charges. He also argued that the judge allowed an improper comment by a prosecutor during closing arguments. Third, he argued that his ex-wife had made a prejudicial statement about Duff being in jail until the time of his trial during her testimony.

Finally, Duff appealed that he was not allowed to cross-examine his ex-wife about the reasons for her 1991 military discharge.

The Second Court of Appeals in Fort Worth overruled each point and affirmed the trial court’s judgment.

Duff is not eligible for parole until 2040.

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