Burke back in jail

Former Real Radio 104.1 FM deejay Shannon Burke had a brief taste of freedom, but it was short-lived after deputies with the Seminole County Sheriff's Office re-arrested him on Wednesday evening. Burke, 43, bonded out of jail on Tuesday after his May 1 arrest on charges that he shot his wife and her dog. Following his arrest, it was revealed that Burke was serving probation for charges related to a reckless driving incident in 2007. As part of that probation, he was not permitted to possess a firearm.

According to Lt. James Clark with the Seminole County Sheriff's Office, Burke was arrested on Wednesday for violating an injunction stating that he was not to have contact with his wife, Catherine.  Lt. Clark added that Burke, through a friend, attempted to collect some of his belongings from his Altamonte Springs' home, where his wife currently resides.

"Burke arranged to have a friend retrieve some belongings from the home and gave him a key. The friend attempted to retrieve those belongings earlier this evening. This third party contact with the victim was determined to be a violation of the pre-trial release conditions," said Lt. Clark.   "We don't believe that he had any bad intentions."

Catherine Burke's attorney, Michael K. Rathel, said Wednesday's incident was determined to be "indirect contact," which violated the terms of Shannon Burke's release.  However, Richard Hornsby, the attorney representing Shannon Burke, tells FOX 35 that he does not believe his client was ever served the injunction to begin with, contending that Burke could not have violated an injunction for which he was never served.

When questioned about the shooting, Burke said he pointed what he thought was an unloaded gun at his wife's dog, before the weapon discharged. The bullet struck the dog in the leg, then ricocheted across the room and grazed Catherine Burke's head, according to statements taken on the night of the shooting.

Shannon Burke claims the whole thing was an accident, but according to court documents filed by Catherine Burke, she says it was no accident.

In the temporary injunction filed by Catherine Burke's attorney, to keep Shannon Burke away, Catherine claims it was not the first time Burke got violent while drinking. FOX 35 has learned two other women in Burke's past have similar stories. His ex-wife Susan Pendergraft filed for full temporary custody of their child on Monday. Court records show she claims his erratic, volatile and escalating behavior is the reason. She also claims burke displayed a loaded gun in front of their child.

And then there's Deanne Schulz, Burke's ex-girlfriend. They have one child together. She filed an injunction last Friday after learning of his current arrest. In those court documents, Schulz states Burke had been violent toward her. She claims he threatened her. Schulz says Burke even exposed and fired off a gun in front of her and her children.

Shannon Burke was never charged with a crime related to these domestic issues. His attorney did not agree to FOX 35’s request for an interview or comment Wednesday.

Catherine Burke is at the couple's Altamonte Springs' home, recovering from reconstructive surgery. Her dog, a Cavalier King Charles Spaniel, was retrieved from a Winter Park animal hospital.

"Right now, she's able to walk around, healing well. They're going to have stitches together and heal together," said Rathel.

Burke was released from the Seminole jail on Tuesday with a ankle monitoring device. He posted $15,000 bail after a judge in Orange County set bail at $5,000 on the probation-violation.  Burke is now back in the Seminole County and his first appearance, related to the injunction violation, is scheduled for 1:30 p.m. on Tuesday.

In addition to the violation of injunction, Burke is charged with aggravated battery with a weapon and animal cruelty.  There are also charges related to the probation violation in Orange County. 

In an article which ran in Wednesday's Orlando Sentinel, Burke's attorney refuted information in his client's arrest warrant on May 1, which detailed his failure to abide by his conditions of probation. Those conditions include the payment of fees and participation in a DUI program. But according to Allen Moore with the Orange County Corrections Department, Burke's being in arrears on probation payments and the failure to meet terms related to mandated DUI programs remains accurate.

"Mr. Burke did complete the DUI program, but did not do so in the timeframe specified by the sentencing judge. That means he did fail to meet the terms of probation," Moore wrote in an email sent to FOX 35. "We are certain the fees have not been paid, because they are collected directly by our agency. The fees in the warrant are separate from any court costs or other fees which may have been imposed and paid to the court."

FOX 35 reporters Elizabeth Alvarez, Kelly Joyce, Cheryl Getuiza and Shannon Butler contributed to this report