Las Vegas Sun

October 23, 2014

Currently: 63° — Complete forecast | Log in | Create an account

Man, 86, held in wife’s death to remain jailed

Image

Mona Shield Payne / Special to the Sun

Joseph Woods, 86, appears in court Thursday during a hearing before Justice of the Peace Nancy Oesterle. Woods is facing a murder charge in connection with the shooting death of his wife, Kay, 80, in September. Police said he shot her then turned the gun on himself to end the couple’s suffering from health problems.

Joseph Woods in court (10-8-09)

Deputy public defenders Kristine Kuzemka and Dan Silverstein, right, speak with Joseph Woods, 86, during a hearing before Justice of the Peace Nancy Oesterle on Oct. 8 at the Regional Justice Center. Launch slideshow »

Shooting location

10th Street Shootings

Metro Police investigate the circumstances of shootings that left an 80-year-old woman dead and an 86-year-old man injured Thursday morning in the 1800 block of 10th Street, which is near St. Louis Avenue and Maryland Parkway. Launch slideshow »

An 86-year-old Las Vegas man who police say shot and killed his wife but failed in his attempt to commit suicide will remain jailed unless a psychiatric evaluation shows he’s no longer a danger to himself.

Justice of the Peace Nancy Oesterle kept the bail for Joseph Woods at $150,000 today pending the outcome of the mental health exam.

Woods is charged with murder with a deadly weapon for shooting his 80-year-old wife, Kay, on Sept. 23 in their home near downtown.

Woods shot his wife then turned the gun on himself to end the physical suffering both of them endured, said his attorney Dan Silverstein, a deputy public defender.

Silverstein called the case a “quality of life issue” and compared Woods’ actions to removing a terminal patient from life support.

“There’s a real danger when we let the government step in between two adults that love each other,” he said. “You can’t convict for an act of mercy.”

Silverstein said he hoped the state would have dropped the case because there was no malice in Woods’ actions, which is legally required for a murder charge.

“There is an intent to kill but it is not with malice,” he said. “And this killing in this case is not an act of malice. It is an act of kindness and compassion.”

Deputy District Attorney Aaron Nance said the murder was premeditated and deliberate.

Both attorneys did agree that Woods was not a flight risk. He requires a wheelchair to get around, his children live in the area and he has no criminal record.

However, Nance said Woods has become more depressed because his wife died and he didn’t. Woods is still a threat to himself, Nance said.

“His prospects and outlook on life have only gotten worse since he faces prosecution,” he said.

Silverstein asked the bail be set at $5,000 so the family can afford to get him out of the Clark County Detention Center and into a medical facility.

Woods’ children are trying to get him admitted to a medical center or veterans’ hospital so he can receive appropriate care for numerous health problems including an aneurysm, Silverstein said.

Oesterle agreed that this was not a typical murder case but wasn’t convinced that Woods might not try to kill himself again.

“Even the family with the best intentions cannot always prevent someone from killing himself,” she said. “He’s a high risk. There is no do-over in suicide.”

Oesterle said she would revisit the case again prior to a preliminary hearing set for Oct. 23 if a psychiatric exam is performed by then.

According to police, Woods shot his wife in the bedroom of their home at 1808 S. 10th Street. He then shot himself in the chest.

The couple’s grown children found them the next morning. Joseph was still breathing but Kay was dead.

Silverstein said the Woods’ children told him Kay had attempted suicide the previous two days. The couple left a note asking for forgiveness.

Join the Discussion:

Check this out for a full explanation of our conversion to the LiveFyre commenting system and instructions on how to sign up for an account.

Full comments policy

Previous Discussion: comments so far…

Comments are moderated by Las Vegas Sun editors. Our goal is not to limit the discussion, but rather to elevate it. Comments should be relevant and contain no abusive language. Comments that are off-topic, vulgar, profane or include personal attacks will be removed. Full comments policy. Additionally, we now display comments from trusted commenters by default. Those wishing to become a trusted commenter need to verify their identity or sign in with Facebook Connect to tie their Facebook account to their Las Vegas Sun account. For more on this change, read our story about how it works and why we did it.

Only trusted comments are displayed on this page. Untrusted comments have expired from this story.

No trusted comments have been posted.