By Michael Copley
Staff Writer

A man was found not guilty of domestic assault last week, after his wife testified that the complaint she filed against him was a lie.

Patricia Schaufelberger said she went to a neighbor’s house June 26, 2009 after an argument with her husband, Sherwood Schaufelberger. She testified she was drunk that day and mad at her husband, and she told the court she lied in her written statement to police.

In the statement, Mrs. Schaufelberger wrote that her husband pushed her and pulled her hair, but in court she said the account was fabricated.

“I was mad when I wrote it,” she said, “I guess I did lie. I was drunk.”

From the stand, Schaufelberger said she isn’t sure what exactly happened June 26. “I kind of blacked out,” she said, but added the argument did not escalate to physical contact.

She concluded, “I love my husband and we’re doing really good [...] Drinking will make you do anything.”

Assistant Commonwealth’s Attorney Richard Cox said, “It’s obvious she’s covering for her husband [...] The court doesn’t have to believe [the written statement] is a lie. The most compelling evidence is what is retrieved from the scene in the heat of the moment.”

He said police responded to her complaint of being assaulted and added that it is not uncommon for a wife, who is the victim of domestic violence, to lie to protect her husband.

But defense attorney Cary R. Bowen said the “totality of the commonwealth’s evidence” leaves the judge “in a hopeless position.”

Sherwood Schaufelberger was found not guilty of domestic assault; It was his third or subsequent charge of assault on a family member within the past 10 years. Judge Parsons said it is clear “your wife is taking a dive for you.”