Death sentence won’t be sought in woman’s fiery death

Kim Smith

Friday, July 7, 2000 | 10:27 a.m.

A former Nevada Highway Patrol trooper accused of setting his wife ablaze 11 years ago is no longer facing the death penalty.

Chief Deputy District Attorney David Roger told District Judge Jeffrey Sobel Thursday that he no longer intends to pursue the ultimate punishment for George Warner, 63.

After the hearing, Roger said the amount of time it has taken to get to trial and Warner's age factored heavily in his decision.

"Even if we are able to get a conviction and obtain a sentence of death in this case, it is unlikely, at least in this jurisdiction, that they would ever get around to carrying it out in his lifetime," Roger said.

Authorities believe that Warner doused his fifth wife, Carol, with a flammable liquid and set her on fire as she slept in a living room chair June 5, 1989.

Carol Warner, 54, died 15 days after suffering burns over 85 percent of her body.

Warner was indicted on arson and first-degree murder charges, but that indictment was thrown out because of procedural problems. A second grand jury failed to hand down an indictment and a third indictment came down in 1994.

In 1995 District Judge Myron Leavitt threw the case out because evidence that may have been beneficial to Warner had been lost or destroyed after the fire.

The Nevada Supreme Court overturned Leavitt's decision only to have Sobel dismiss the case again in 1998 for the same reason that Leavitt had tossed out the case. The Supreme Court ruled again in January that Warner should be tried.

In a 1998 interview with the Sun, Warner said he blames the fire on a puppy who continually chewed on electrical cords. He said after the fire he was shown a lamp that had a gnawed wire.

Warner claimed that the lost and destroyed evidence -- a lounge chair, ottoman, carpeting and robe -- could have shown that he didn't pour an accelerant on his wife.

One of Warner's attorneys, John Watkins, said that while he is pleased by Roger's decision, his client will ultimately be acquitted anyway.

Warner's trial is scheduled for Oct. 2.