An 11-year-old girl may have witnessed what happened in the moments after her mother was shot in the head.
Former Highmore Police Chief Ken Huber has not been arrested but according to a protection order filed in Minnehaha County, he is the only suspect in his wife's shooting. The South Dakota Division of Criminal Investigation is staying mum on the case. But the lawyer representing Pam Huber and her family is talking.
Pam Huber remains on life-support in the Intensive Care Unit at Avera McKennan Hospital Tuesday night. Court papers say she has a bullet still lodged in her brain and she is not expected to survive. Her family is by her bedside, but they are also trying to protect her from the man they believe fired the shot.
The protection order alleges that it was in a Highmore house that former Miller and Highmore Police Chief Ken Huber walked into a bedroom where his wife and 11 year old daughter were laying in bed and shot Pam Huber in the head.
Huber family attorney Matt Theophilus says, "He approached her in bed and shot her one time through the forehead, daughter unfortunately awoke to the sound of the gun shot and saw her mother terribly injured and bleeding and saw her father leaving the room with a gun in his hand."
Matt Theophilus is the attorney representing the Huber's 11 and 12 year old daughters, and Pam Huber's son. The three have filed a protection order against Ken Huber because he has not been arrested and they do not want him to harm them or their mother.
Theophilus says, "Their concern is what will he do in the future."
That concern comes because of what they say Ken Huber has done in the past. The protection order says Huber has physically and emotionally abused Pam Huber for at least 10 years, but she never reported it.
Theophilus says, "She has never felt able to report this for fear of reprecussions given his positions as chief of police."
The family says they've seen a change in Ken Huber since he left his jobs as police chief in both Highmore and Miller.
Theophilus says, "He was really suffering from some depression and possible abuse of medications and using that with alcohol as a result of his loss of jobs and the prestige of being chief of police."
Theopholis also says Ken Huber is the one who called 911 after the shooting and actually performed first aid on Pam Huber before authorities got to the scene.
Attorney General Larry Long is not commenting on the case until the DCI finishes its investigation, but court papers say Ken Huber has been told not to leave the area.