VIRGINIA BEACH, Va. (WAVY) — Prosecutors say Henry Herbig had an elaborate plan set up to kill his estranged wife, and it was only stopped because he was shot in the process.
The 65-year-old is paralyzed and being held inside the Virginia Beach jail. He was injured during the alleged attack on Sept. 7, and charged with aggravated malicious wounding and breaking and entering with the intent to commit a felony.
Prosecutors told the court Herbig had been planning the attack for days, if not weeks.
They say he left his home in Florida, driving one car and towing another. He had gas cans to avoid being seen on camera filling up, bags of cash to avoid using any credit cards, and even left his cell phone at home so it wasn’t picked up on GPS.
When Herbig got to Virginia Beach, prosecutors say on September 8 he went to his wife’s home on Bunsen Drive. He was dressed in a disguise and had a bag full of zip ties, duct tape and trash bags. He also had a gun and a large wrench.
Prosecutors say his stepdaughter walked out of the home to walk the dog, and that’s when he hit her over the head with the wrench.
He then went inside and started hitting his wife in the face. She ended up with broken bones.
Prosecutors told the judge the attack only ended after the stepdaughter grabbed a gun and shot Herbig, which severed his spine.
According to the prosecution, Herbig had an elaborate plan to kill his estranged wife. Police found a manifesto in his car, in which he detailed the entire plan from start to finish. Prosecutors believe his plan was to make things look like a home invasion robbery.
Defense attorneys argued he should be out on bond, because the jail can’t give him the adequate care he needs to survive.
The prosecution argued that Herbig is a flight risk, despite being paralyzed. They said Herbig has a lot of money and can find a way to get away.
The judge denied his bond for now, saying he could still a danger to society, but said she would reconsider bond if there was plan on where Herbig would be taken if he were to be released.
Herbig is scheduled to have a preliminary hearing on December 6.