The South Florida man shot point-blank by his mother-in-law during a prescheduled pickup of his son believes his wife knew about the shooting, and he has filed a lawsuit against her family.
Sixty-six-year-old Cheryl Hepner could face 30 years in prison for allegedly shooting her son-in-law, Sal Miglino, last December outside her home in a Florida retirement community.
During a prearranged pickup of her 3-year-old grandson on Dec. 7, Hepner waited outside her home with the child's sleepover gear. When Miglino, the father's child, arrived, she pulled a .22 caliber Beretta handgun from behind the bundle of gear and fired three shots, hitting Miglino twice, according to the Broward County Sheriff's Office.
Not present at the shooting was Miglino's estranged wife, Vicki Miglino, also the child's mother, and Hepner's daughter.
"Yes," Miglino said today on "Good Morning America" when asked if he believes Vicki knew of the shooting ahead of time and planned to be away.
"The normal routine is pick up my son at 5 o'clock. She never missed a heartbeat of that," Miglino said in his first interview in the three months since the shooting. "She was always there. This day, she wasn't there. So that's the answer."
Hundreds of pages of court records obtained by ABC News outline the two years of bitter divorce proceedings between Miglino and Vicki, and include details of a previous restraining order filed against Miglino by Hepner and his estranged wife, as well as a restraining order that Hepner sought against Miglino the day after the shooting.
"We have the divorce case, which is ongoing and which has to be brought to a conclusion," Miglino's attorney, Peter Mineo, said today on "GMA."
"We've also brought suit against the mother of the child, the shooter [the grandmother] and the uncle, who initially lied about giving the gun to Cheryl Hepner and then recanted," he said. "So we've sued all them and her [Vicki] late father as well."
Hepner was arrested for attempted murder and denied bail following the shooting.
"We have alleged that the mother knew about this and was involved," Mineo said of his client's estranged wife. "We're pretty confident that the circumstantial evidence will prove that."
In an email to ABC News Hepner's attorney, Michael L. Tenzer, said, "I cannot respond to specific questions regarding this matter as it is ongoing and I will not engage in trying the case in the media. As far as my client is concerned, the true facts and circumstances surrounding this case will work its way through the discovery process to its ultimate resolution. Clearly, Ms. Hepner is distraught over this incident and the circumstances leading up to it as well as being sorry that Mr. Miglino was shot."
Expecting "something stupid to happen," as he later told a 911 dispatcher, Miglino switched his iPhone video camera to record when Hepner approached him -- and captured the entire incident on tape.
"There was a past history of false accusations," Miglino said on "GMA." "I wasn't going to do deal with it anymore so I said I've got to protect myself."
Miglino said the pickup routine began as usual but admitted Hepner's demeanor raised his suspicions.
"She was talking too nice to me. That's not normal," he said. "I did my regular routine. I opened up the back door and put the DVD on for my son, expecting Vicki to come out, but the mother comes out."
"She said, 'I want to talk to you. She kept asking me to go into the house. The answer was no. The next thing you know I'm getting shot," he said.
After he was shot, Miglino pounced and wrestled the gun away from Hepner, then drove away while calling for help, according to police.
Hepner, too, had called police, but with a different version of events.