Monday, Aug. 29, 2005 | 11:17 a.m.
The death of a 12-year-old boy on Friday morning might have been prevented if a Family Court judge had taken more seriously evidence that the boy's father left loaded guns around his home, a family lawyer says.
Syber Wells died of a gunshot wound shortly before 9 a.m. on Friday at the home of his 35-year-old father, Geoffrey Wells, in the 300 block of West Basic Road in Henderson.
Henderson Police spokesman Todd Rasmussen confirmed that a 12-year-old boy died from a gunshot wound Friday morning, but he said Friday afternoon there hadn't yet been a ruling as to whether the death was an accident, suicide or a homicide.
Rasmussen said results of an investigation and all of the evidence as well as the findings of the Clark County coroner's office would be sent to the district attorney's office.
During divorce proceedings at the end of January and early February, Family Court Judge Cheryl Moss had ruled Geoffrey Wells and 39-year-old Maria Wells should share custody of Syber and his brothers, 8 and 9 years old.
Moss ruled that the boys' custody would alternate between the parents for one week at a time. Moss ordered each parent to have "one week on, one week off."
Maria Wells' lawyer, Randall Roske, said Moss made the decision despite the fact that videotapes showed that loaded guns were readily accessible at Geoffrey Wells' home.
Roske said Geoffrey Wells is "almost like a survivalist, and even had weapons at the front door loaded and ready to go."
Roske said Geoffrey Wells, a former Marine who works as a heavy equipment operator, never denied that he kept loaded guns out in the open in his house "but claimed the kids knew to avoid guns."
Geoffrey Wells' attorney, Gerard Bongiovanni, did not return several phone calls from the Sun seeking comment Friday.
Roske said Moss told Geoffrey Wells to lock up the guns. When he said he would follow that order, she issued her joint custody ruling.
Roske said although Geoffrey Wells had no criminal history, there was a domestic violence call made early in the couple's 15-year marriage.
"She (Moss) is a big believer in joint custody, who operates under the presumption that's the way it should be until she learns otherwise," Roske said. "But even if she changes his (Geoffrey Wells) visitation rights now, it's like barring the door after the horse has already run off."
Last week was Geoffrey Wells' week to have the boys. Maria Wells was scheduled to pick up her three sons at 6 p.m. Friday at the Henderson Police headquarters.
After the shooting was reported Friday morning, however, Child Protective Services took the two younger boys.
Roske filed a motion Friday to suspend Geoffrey Wells' visitation rights.
Roske said he hopes the district attorney's office will file criminal charges against Geoffrey Wells because "this is child endangerment."
In 2004 the district attorneys' office filed charges into separate cases involving adults whose decision to leave loaded guns out in their homes led to deaths.
Gil and Rolema Reeder were each originally charged with child neglect and endangerment with substantial bodily harm and reckless disregard of a person in connection with their 15-year-old son's fatal shooting of his friend. Under a plea bargain deal struck with prosecutors, however, they pleaded no contest to one misdemeanor.
The Reeders' son admitted to shooting and killing his friend, Dustin Osborn, who had turned 15 on April 21, 2004, the day he died. The teens were "playing FBI" in the Reeders' Henderson apartment when the shooting occurred, police said.
The Reeders said they left a handgun in their home for their son to use for protection when they weren't home, according to court documents.
Prosecutors also filed charges against Francisco Cervantes-Perez, 22, for bringing home a newly purchased gun March 29, 2004, and leaving it within reach of a 15-year-old boy who police said fatally shot his 14-year-old sister, Erica, while playing with the gun.
Cervantes-Perez was originally charged with child neglect and endangerment with substantial bodily harm and reckless disregard of a person, but under an agreement with prosecutors pleaded no contest to one misdemeanor.
The two 15-year-olds both pleaded guilty in Juvenile Court to involuntary manslaughter in their respective cases.
The Reeders' son was sentenced to Spring Mountain Youth Camp where he was to receive counseling and education before becoming eligible for release and probation.
In the Cervantes-Perez case, that 15-year-old boy was placed on probation and was ordered to serve 200 hours of community service.
Roske said the difference between the Reeders and Cervantes-Perez cases and a possible case against Geoffrey Wells is "there wasn't any request by a judge in those cases to lock up weapons."
In this case it couldn't be any clearer because we have a judge who ordered Geoffrey Wells to do so."
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