That deposition did not agree with what he originally told police, or what he later testified. He lied in his deposition to try to get her off. He recanted it later and said that they had agreed he would say those things because they thought it would get her out of trouble. While in jail Alexander was recorded attempting to conspire with him on a story to justify her act.
It isn’t just he said, she said. There were two children there too, and physical evidence. It wasn’t a shot in the air or in the ceiling, it was near his head. The garage door worked fine. She didn’t attempt to leave the house, she went to get the gun and come back.
You’re opting to go with the version of his perjury that justifies the charge on a presumption that you know which version is closest to the truth (and I seriously doubt any of them are the real truth).
As a jurorist I would have had an issue convicting on one of three or four contradictory stories that a witness has provided.
As I’ve stated, Alexander is not a model citizen, but he is a real POS too.