Man plots to kill wife, ends up paralyzed, prosecutors say

VIRGINIA BEACH, Va. (WAVY/CNN) - A man is in a Virginia jail, unable to walk, after his stepdaughter shot him, in what prosecutors call an act of self defense.

Henry Herbig, 65, spent weeks planning to kill his wife, according to investigators.

On Sept. 8, Virginia Beach police found two women attacked and Herbig suffering from a gunshot wound at a home.

They found a journal in the front seat of Herbig's car, which was parked out front. Details of an alleged plan to kill his estranged wife filled the pages.

Herbig drove to Virginia Beach from his home in Florida to carry out the attack, police say.

They said he went through a lot of steps to ensure he couldn't be tracked.

He left his phone at his home, so he couldn’t be pinged by GPS; he used cash to avoid credit cards; he only stopped at mom and pop shops, so he wouldn’t be recorded on security cameras; and he avoided tolls.

Prosecutors say once he was in Virginia, he put on a disguise, which included a wig, and went to the house with a gun and a large wrench.

They told the court he had a bag full of zip ties, duct tape and garbage bags.

Investigators say he first attacked his stepdaughter, hitting her over the head with the wrench, and then used the same weapon on his wife.

She suffered severe injuries to her face.

His stepdaughter stopped the attack when she shot him, which severed his spine.

It is believed Herbig will never walk again.

His attorneys argued he should be out on bond, because the jail can’t provide the adequate care he needs to survive.

A judge denied that request, saying Herbig is still a danger to society.

Charges include aggravated malicious wounding and breaking and entering, but prosecutors plan to up those charges when the case goes to court.

Herbig will remain in jail until a preliminary hearing on Dec. 6.

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