A man doing time for shooting his girlfriend last year -- leaving the .22-caliber bullet lodged near her spine and a scar cutting through her "happiness is a warm gun" tattoo -- has been ordered to pay her medical bills.
In October, Lancaster County District Judge Steven Burns sentenced Paul Boye to 10 to 15 years in prison for second-degree assault after he pleaded no contest.
This week, Burns entered a judgment of $19,567.75 against Boye and in favor of Andrea Eberspacher for medical treatment she needed after Boye shot her on Feb. 2, 2014.
A jury will be asked at a trial set for September to determine if she deserves more for pain and suffering.
In court documents, attorney Perry Pirsch said Boye and Eberspacher argued after smoking methamphetamine and drinking vodka, and she suddenly felt pain in her right side and back and looked at her side.
"You ... shot me," she screamed, according to Pirsch.
The .22-caliber bullet tore through her right kidney, liver and colon and lodged near her spine. On the way to the hospital, Boye apologized for shooting her, his attorney said at sentencing.
Pirsch said Eberspacher needed a foot-long incision through her midsection, leaving a scar that, ironically, bisects her tattoo of the Beatles' lyric.
She had to spend two days in intensive care.
Last year, Eberspacher sued Boye.
In October, Boye's attorney said the shooting was an accident. But at a deposition in the civil case against him, Boye invoked his Fifth Amendment right against self-incrimination more than 50 times, even after being told that doing so could be used against him.
At a hearing in the civil case last month, Pirsch said there was no dispute about who had shot Eberspacher.
But speaking by phone from his cell, Boye argued that the story had changed many times and the facts are in dispute. He repeatedly asked for an attorney, but they aren't appointed in civil cases.
In court records in the criminal case, Lincoln Police Officer Carla Cue said Boye and Eberspacher, who'd been dating for 14 months, first told police they'd been partying at their house when someone shot her and that they didn't know who did it.
A friend later told investigators Boye ran to the basement and said he had shot Eberspacher, according to the affidavit.