Timothy Havens, 38, of Springfield could face additional criminal charges, The Columbus Dispatch reported. The shooting is being investigated by a grand jury.

Carolyn Havens, 42, of Urbana was hospitalized in Dayton in critical condition.

Havens called 911 Sunday morning and reported shooting his wife. He told an emergency operator that a handgun was lying next to the bed and he tossed it aside.

"We were having sex and it went off," he said.

Carolyn Havens obtained a protection order last summer. In October, Timothy Havens admitted in municipal court that he violated the order by coming to her house in September.

Havens was given a 60-day suspended sentence, which was reinstated after Sunday's shooting.