We are learning more about the Lehi man who witnesses say shot and killed his wife in a church parking lot on Sunday. We're told David Ragsdale had been one of the top sales performers at Invest Tools in Draper. But lately, he'd been on anti-depressants and, according to a divorce petition, had been cheating on his wife, Kristy. The couple had separated within the last month. But his wife's attorney, Lori Fowlke, tells us just last week the mother of two decided she wanted a divorce. Fowlke said, "He did not want the divorce was my understanding from his attorney and from what my client told me. But I'm not sure how hard he fought to save the marriage, either. I know she was not adamant about the divorce to begin with. I think that if he would have made a real effort to keep the marriage together, it was not outside the realm of possibility. She was willing to consider that."Lori Fowlke Now what's left to consider are funeral arrangements for Kristy Ragsdale, the 30-year-old mother of two young boys who was shot right in front of her own mother. Lori Fowlke says she was stunned when she heard her client had been gunned down. "I don't think she was particularly afraid of him," she said. That despite a handwritten request for a protective order filed by Kristy last month. In it she says on the night of Dec. 3 her husband became "emotionally abusive." She went on to write there was "no physical abuse," but he made "references to gun use." Fowlke says Kristy later agreed to drop the request for a protective order and asked for a restraining order. "She wanted the gun out. As long as the gun was out, she didn't feel as if she was in any danger," Fowlke said.According to the terms of the restraining order, David -- who reportedly has a concealed weapons permit -- was not allowed to have the gun in the presence of his wife or his children. "The information she gave me and that I also received from some of his family members that spoke to me was that the situation was an anomaly, that he was generally not volatile, unreasonable. She felt confident that they could resolve those differences," Fowlke said. Fowlke says Kristy gave her no indication she was afraid of her husband or in danger. "I can think of many other cases I have where I wouldn't be nearly as surprised as this case. I was stunned. I am still stunned. I just can't believe it. I just think it is a tragedy for everyone involved," she said. Police tell us so far they've found 10 shell casings at the scene but are still looking for more. David Ragsdale, who police say turned himself in just hours after Kristy's murder, now sits in the Utah County Jail charged with capital murder. He has no chance of bail.

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