MIAMI (CBSMiami) – A trial date was set Tuesday for a retired Broward Sheriff's Office Deputy who was shot in the head while on duty in 2007 and arrested in Feb. 2013 after allegedly getting into a violent fight with his wife.
Maury Hernandez, 33, will go on trial on a domestic battery by strangulation charge on May 28th.
Hernandez was not in court Tuesday for the arraignment.
According to a police report obtained by CBS4, Hernandez and his wife Yvonne Linen were married for just three months but had been living together for two years. The incident stemmed from an argument about their 15-month-old son.
The report said Hernandez and his wife "argued about their son staying with his parents." They took a drive to discuss the issue and during the argument, Hernandez reportedly "shoved her numerous times" and grabbed her by the neck, leaving bruises and scratches.
Linen, who is a Miami-Dade Police Officer, drove to her parents' home and called police.
Hernandez has been was advised to stay away from Linen and he's only allowed one two hour supervised visit a week with his son at his mother's house.
The retired BSO deputy was shot in the head in August 2007 while on duty during a traffic stop.
His injuries required months of rehabilitation before he was eventually able to walk and talk again. At the time of his release from the hospital, many called his progress a miracle.
He made headlines again in January 2012 when he shot a homeless man in Miami Lakes. The man allegedly tried to assault Hernandez's family at a shopping center. The retired officer fired his registered gun several times at the man, who was wandering the area asking for money, and approached Hernandez, Linen, his then-fiancée and their child. The homeless man survived, and Hernandez was not charged.
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