Judge David J. Williams heard evidence in a preliminary hearing last week and ruled there is probable cause to bind over Aaron Gaitan for trial regarding the Oct. 5, 2021, incident in the woman’s driveway.

Gaitan is charged with attempted murder and felony discharge of a firearm, both first-degree felonies; third-degree felony use of a firearm by a restricted person; and misdemeanor counts of assault and criminal mischief.

A Layton Police Department probable cause statement said the woman and a man who had just taken her to dinner were sitting in his truck in her driveway at about 10:30 p.m. when Gaitan allegedly ran up, pulled open the driver’s door, threatened to kill the woman and beat the man on the head with a pistol barrel.

The woman tried to intervene and she was struck too, the affidavit said. Gaitan told the woman to go inside because he was going to shoot the man, then told the man to drive away, according to the affidavit.

The man backed out of the driveway, but Gaitan allegedly fired shots at the truck, prompting the man to drive back in, fearing Gaitan was going to harm the woman. Gaitan then allegedly ran up to the truck and fired through the passenger window, hitting the man in the thigh.

Officers were flagged down by people who had been alerted to the man bleeding from the leg wound. The man was taken by ambulance to a hospital and underwent surgery.

The arrest affidavit said Gaitan and the woman had broken up recently after living together.

Gaitan’s trial is scheduled for Dec. 5, 7 and 8.