DAYTONA BEACH, Fla. >> A 76-year-old woman accused of fatally shooting her terminally ill husband in a Florida hospital is asking to be released from jail.

Ellen Gilland was initially charged with first-degree murder in January after police said she shot Jerry Gilland, 77, in a suicide pact that she claimed had been in the work for weeks. However, she could not carry through with turning the gun on herself after shooting her husband in his 11th-floor AdventHealth Daytona Beach hospital room, Daytona Beach Police Chief Jakari Young said at a news conference after the Jan. 21 incident.

Instead, Gilland engaged in a four-hour standoff with police officers. They eventually used a nonlethal explosive to distract her and take her into custody, Young said. She’s been held at the Volusia County Jail since her arrest.

On Wednesday, Gilland was indicted on lesser charges of assisting self-murder/manslaughter and aggravated assault of a law enforcement officer. Now her lawyers are seeking a bond hearing.

“None of the charges against Ms. Gilland are capital offenses or offenses punishable by life imprisonment. Therefore, Ms. Gilland is entitled to pretrial release,” attorney Matthew Ferry wrote in a motion filed late Wednesday.

The motion cites a section of the Florida Constitution which states that anyone charged with a crime is entitled to pretrial release “on reasonable conditions” unless the crime is a capital offense or a crime punishable by life in prison.