HASTINGS, Minn. (AP) — A suspended Minnesota lawyer is accused of setting his longtime girlfriend on fire in his Burnsville condominium, causing her to lose an ear and sending her to the hospital where she remains nearly two months after the alleged attack.
David Gherity, 60, was charged Friday in Dakota County with first-degree assault and two counts of first-degree arson, all felonies, the Star Tribune reported.
According to the complaint, the woman lost an ear in the Feb. 9 fire and also suffered burns to her scalp, face, neck, legs and one hand. She remains in the burn unit at Hennepin County Medical Center in Minneapolis.
A smoke alarm brought firefighters to the condo around 2:45 p.m., where a firefighter saw the woman “on fire sitting at a table,” the complaint said. The flames were doused, and the woman was rushed to the hospital.
The woman’s sister told police that the victim left her a voice mail message saying in a whisper that Gherity “has gone berserk. I can’t talk right now. I’ll call you later.”
The victim told fire department medical personnel that Gherity lit the fire, the complaint said.
But Gherity’s defense attorney, Robert Miller of Minneapolis, told The Associated Press that he has seen a video showing Gherity at work from 8:30 a.m. to 4 p.m. on the day of the fire. Miller said he believes when authorities review the video “it should vindicate my client.”
“It’s strong, powerful evidence,” Miller said Monday night.
Gherity suggested to the sister the next day that maybe the hair spray, nail polish and remover that the woman uses happened to catch on fire, according to the complaint.
Gherity arrived at the medical center smelling of smoke. Medical personnel asked Gherity whether he was caught in the fire, and he replied that he arrived at the condo later, the complaint says.
On March 4, the victim told police that Gherity appeared to be under stress on the day of the fire. She added that she had been drinking and taking medication, then fell asleep on the couch. She awoke to the fire.
Analysis of the woman’s clothes by the Minnesota Bureau of Criminal Apprehension found alcohol for drinking, lotion “and possibly hair spray and fingernail polish remover,” the complaint said. Bottles of alcohol were found near the victim when emergency personnel arrived.
The woman, who had been Gherity’s girlfriend for about 10 years, told police she does not use hair spray, nail polish or remover.
Gherity remained in jail Monday with bail set at $50,000, with conditions, according to the newspaper.
Gherity has been in trouble professionally for many years, according to court records. The Minnesota Office of Lawyer’s Professional Responsibility has publicly disciplined Gherity at least four times and “privately admonished” him twice since he became an attorney in 1982, the records said.
The office suspended Gherity’s license in 2004, and that punishment remains in effect, the newspaper reported.
