Columnist Jon Ralston: Court system too often fails to protect kids

Wednesday, Oct. 12, 2005 | 8:11 a.m.

I can't imagine how Maria Wells, who lost her son to suicide after trying to save him from danger, sleeps at night.

I can't fathom how Geoff Wells, who also lost a son after providing him access to the weapon that killed him, ever has a moment's peace.

And I can't understand how Family Court Judge Cheryl Moss, who sleepwalked through a critical hearing and ignored evidence that might have saved the child's life, can ever rest easy again.

The sad denouement of the tragedy that resulted in the death of 12-year-old Syber Wells played out in a Henderson courtroom on Tuesday and actually should open eyes about a system designed to protect children but too often places them at risk.

Geoff Wells, who left at least nine guns lying around the home where Syber shot himself, was allowed Tuesday to plead to a gross misdemeanor for child neglect and is likely to never see the inside of a jail cell. Maybe, as District Attorney David Roger told me after the hearing, "There is nothing we can do to this guy that's worse than losing his child."

Hard to argue with that, except evidence in the record indicates Geoff Wells left Syber and two younger children unattended and with guns strewn about the home, an invitation for mischief and, it turns out, much worse.

"How sad it is that today the court system has told the public that if you leave loaded firearms unsecured lying around your house, and someone dies, you will not go to jail," Maria Wells, long estranged from her husband, said after the court hearing. "As a matter of fact, you really won't get into much trouble."

Roger had indicated a couple of weeks ago on "Face to Face" that a court order mandating the weapons be locked away might be a factor in what happened to Geoff Wells. But when Moss refused in April to extend that temporary protective order and later allowed Wells to have joint custody, the district attorney had less leverage.

But if Roger has left himself open to criticism, he at least can argue he was hamstrung. Moss has no excuse after a series of hearings this year.

A video of that April temporary protective order hearing is sickening and chilling as it shows a judge who seemed to be solicitous of Geoff Wells and dismissive of any warnings from Maria Wells' side of the family.

At one point, as Moss perfunctorily allows Geoff Wells to malign members of his wife's family, he tells the judge that he told his wife's brother to "mind his own (expletive) business."

The vulgarity amused Moss, who chuckled, "You're in the Marines." Moss later scoffed at any safety concerns: "I don't see a problem with the gun issues as long as, I guess, they are trained as a military family. They grow up like that. It's a unique situation."

Yes, unique. A situation where children, ages 8, 10 and 12, are left alone with unsecured guns -- and they told the judge they were unsecured 18 days before Syber killed himself.

Yes, unique in that a judge blindly takes the word of their father that the guns were under lock and key -- a home inspection by Child Protective Services never occurred because the paperwork supposedly was lost.

Maria Wells doesn't believe Geoff Wells will spend a day in jail because the district attorney recommended probation and because the sentencing judge is Don Mosley, who is known to be a firearm aficionado.

But if Moss hadn't lifted that temporary protective order, the district attorney might have obtained a felony conviction. Or perhaps that would not have been necessary.

If Moss had extended the temporary protective order, Syber Wells might be alive today.