With no charges, woman accused in husband’s death set free
Mona Shield Payne / Special to the Sun
Ericka McElroy appears via video for a status hearing Tuesday in front of Justice of the Peace Tony Abbatangelo. Police said McElroy shot and killed her husband outside their home Oct. 7 after a domestic dispute.
Tuesday, Oct. 13, 2009 | 12:02 p.m.
Sun Coverage
Charges haven't been filed against a Las Vegas woman arrested in the shooting death of her husband earlier this month and a justice of the peace today ordered her released from custody.
Metro Police arrested Ericka McElroy on Oct. 7 outside her home in the 5000 block of Upper Falls Court in the southwest valley.
McElroy, 25, allegedly fired a shotgun into the chest of her 37-year-old husband, Shane McElroy, following a domestic dispute, police said.
Ericka McElroy appeared in Las Vegas Justice Court today by video represented by the Public Defender’s Office.
Deputy District Attorney Pamela Weckerly said her office needed 30 days to file the criminal complaint.
With no charges to hold her, Justice of the Peace Tony Abbatangelo released McElroy on her own recognizance.
She is scheduled to appear in court again on Nov. 16.
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district attorney david roger is a disgrace!!!
district attorney david roger is a pathetic loser!!!
district attorney david roger is an incompetent clown!!!
Wow, for all of the "I hate socialism" and such commentary I read in these blogs, it's always interesting to conversely see how many people love to constantly espouse a "guilty until proven innocent" philosophy. What, exactly, do people believe in, anyway?
Like I said before, this woman would walk soon. If there was a history of domesic violence how could a jury convict her of murder/manslaughter?
hey teaser...
there is a pattern here with this district attorney's office...
with district attorney david roger...
hell they have yet to file charges against the hepatitis criminals...
and that was over a year ago...
they are buffoons in the district attorney's office...
district attorney david reoger is a clown...
in fact...
district attorney david roger makes doctor hepatitis laugh out loud all day every day...
because that maggot doctor just can not believe he has somebody as incompetent as district attorney david roger trying to prosecute him...
bottom line...
district attorney david roger must go...
now!!!
I think the point is either charge her or let her go...
If the police are not ready to charge her, then she shouldn't be kept in jail. If they are ready charge her.
They have a while to make their case, if there is one to be made.
At this point, it's not really about guilt or innocence its about whether or not evidence supports a charge.
Maybe the guy needed killin?
Meanwhile, O.J. is is prison for taking back items that rightfully belonged to him.
I believe Justice of the Peace Tony Abbatangelo was charged with domestic battery for allegedly beating his wife, the sister of Judge Michelle Leavitt.
What ever happened to Judge Abbatangelo's domestic battery charges?
And yes, David Roger is a worthless district attorney. He got elected for prosecuting Sandra Murphy and Rick Tabish, and their murder convictions were overturned. He is a dwarfish overfed cushy deal maker. Cushy butt. Cushy deals.
It's a beautiful day for criminals in Mr. Roger's Neighborhood.
Nevada, for the most part, is an OPEN CARRY State, AND
(under Legal circumstances) NO ONE HAS A DUTY TO RETREAT.
I will tell you ALL this:
If someone puts a shotgun to MY head after I had the crap beaten out of me.... (now all of you IMAGINE the rest).
_
and as usual, the disclaimer: EVERYONE reading this should understand their LEGAL responibilities with firearms, and SHOULD ALWAYS follow ALL FIREARMS LAWS, and IF you are an owner of firearms, it is recommended to seek LEGALLY SANCTIONED training in their proper use and care, AND seek education as to when DEADLY FORCE may be used in the protection of LIFE and PROPERTY (i.e. speak with LEGAL COUNSEL or other LEGALLY authorized educators).
Hey Wiz,
First if you look at Ericka's mug shot, she looks pretty and without a mark on her, so she did not get beaten'.
But since she is otherwise a law abiding citizen there is only so long they can hold you (7days) without charges and they DA has 30 days to charge but if he indicts early the case may be not what it could be after 30 days.
She will get manslaughter up to 5. Jury will not convict of murder
Best of luck Ericka. Hopefully you get a fair trial and this comes to a close.
My sympathy to your parents Thumper. I know to avoid wasting my time on your future posts.
Thumper, You know what the important thing is, that your words doesnt hurt Erick, she could care less what you think! The best part about it is that no matter who your dad is, he is not going to be the one in the end doing the judging its going to be the good lord above. Just remember that, your dad cant protect you from the man upstairs doesnt matter if he is the president of the united states, the man above has the last say so on this earth and everything in it!
And Jbob970 Your right in her mug shot she did look pretty without a mark on her. But does that mean that she wasnt being abused! Just because she didnt have a mark on her that day! She never said he hit her THAT DAY, she just said that he pulled a shotgun to her head and threatened to Kill her. I know Ericka, and she DID NOT have a pleasant life with Shane! It was hard, she was abused mentally, and physically by him. Enough is enough. Shane wasnt the person that he put on to be either. He had a history or violence, and a very bad temper. Get to know the truth or the people before you Judge!
I wonder if this was a drug/alcohol fueled domestic squabble with one or both parties on the substance abuser side.
Thank you THUMPER for acting mature again... They had to close commenting on the last story because of you and now I see you already have 1 removed comment on this story alone - probably more on the way... You certainly have a "growing" reputation on LVSun.com... Sad... Ill end with a quote your familiar with - "You add nothing of value to the conversation"
Who is this lady in bed with? She must have some really good skills to be able to blast her husband away and walk right out of jail.
Typical Clark County here!!!
Remember 2nd dumbest city in America.
If this guy was beating her and threatened to kill her, then he got what he deserves. VegasInsider, unlike you most men don't believe it's okay to beat women.
If she lied to the officers as I believe she did and told the officers that morning that their daughter shot him and she later recanted then more than likely something isn't right and she will face charges.
On the other hand, domestic violence comes with a price and if the husband was abusing her then she served instant justice and I would not convict her of a crime. She did us a favor and saved us taxpayers hundreds of thousands of dollars by not having to deal with him.
Let this be a lesson too all abusers; one day this could be you. The next time you have the urge to abuse someone just keep in mind that you too could be killed.
Lenny V
I think the saying goes an eye for an eye not an eye for a threat. People who threaten and beat people usually get arrested not blasted by a shotgun. This is not justice. Wife beaters get their justice in jail by the bruisers.
Did my post say I support beating women? I guess not moron. Reread it bozo. You must have grown up here. This is not the 1800's dude.
I support not killing people under any circumstance a point I guess you don't get.
Does she have a good attorney????
Women, let's donate to her defense fund!! Domestic abuse needs to be put in check, and the abusing thugs driven to the state line!!!
Sad day in the neighborhood, There are alternatives, like walking away, or letting things cool down, counting to 10, Oh well, I wasn't there. The guy can't say anything in his defense. And it is a tragedy, I just hope my wife doesn't get any ideas. She probably feels pretty bad, I mean when it's gets where you have to shoot your partner, I see 2 victims here, RIP dude, Now maybe i need to lock up my knives, and pawn the shotgun, get a dog. I have seen a similar case, and the lady walked. Another case, she didn't. driven to the state line, how do you think he got here in the first place. which state line? I know this may sound unpopular, but sometimes, the woman is the abuser. Don't ask me how I know that.
I don't know the particulars of this case. What I do know, however, is that domestic violence is a two-way street. Hundreds of peer-reviewed studies on domestic violence find that females are as likely to initiate abuse against their male partners as the reverse. Simply put, men are just as likely to be victims of domestic violence as women. This may not be the popular perception, but popular perceptions are often wrong. For example, see http://www.csulb.edu/~mfiebert/assault.h...
It's both ironic and unfortunate that many posters here claim that the woman is innocent until proven guilty (fair enough), but then automatically assume that the man is an abuser. The hatred of men has no bounds in our culture.
A man in a similar situation would have been charged. He would not have been released.
Good post, Shawn.
For the record my nephew Shane Mcelroy never EVER in all the years they were together hit or beat his wife Ericka.The abuse was all verbel and it was both of them !! You can check all the info out if you CHECK RECORDS for Shane or Ericka Mcelroy because there are none.Does anyone out there know that Ericka Mcelroy is due to collect 10 million dollars very soon ?? YES and Shane was going to get 2 million his money was going to be ready this week!! Its from a law sute from a hotel in Laguna Beach Cal. from witch Ericka and Shane were staying at while on vacation a couple of years ago .Ericka was standing on the balconey and it collapsed on her .She was hurt very bad and has had some back surgurys.She has been a victum of pain killers and addicition along with alcohol .She was never abused by Shane ,she was the one who abused herself.There is some really fishy stuff happening with this whole case ?? TRUST ME!!!! I Love You Shane and I will get to the bottom of this for you, Love Aunt Judy
Here are some more facts about Ericka ,My nephew Shane met Ericka when she was 15 years old ,along with her mother.Shane and her mom became friends and her mom set Shane up with her 18 year old daughter..Shane was told buy her mom and Ericka that she was 18 ..She looked 18 and was told by her mother that she was . she also weighed abut 250 lbs.+ up until the balcony accident.she lost the weight from?? Shane and my sister (Shanes Mom) found out she was 15 when she became pregnant .Also Ericka had attempted suicide many times before she met Shane and her mother begged Shane to take care of her and help her because she couldnt handle her anymore!!Shane did just that ,and with her mothers blessings they were married and in love ,and ready to become parents .She never attempeted suiside again and they were very good and proud parents to this day...
I (Aunt Judy), am stating facts about Ericka and my naphew Shane in an attempt to get some help in this really unjustified murder .If in fact Shane was an abuser I would not need any answers because I would have understud and let it be!! I can not because of what I know and what the public does NOT know ..or maybe some do and will not tell... Shane was not an angel nor was Ericka but knowing him his whole 37 years of life I know how he feels about hiting or hurting a women.that to him was the lowest thing on earth to do .Thats why I know there are some big fat lyes coming from Ericka,her mother,and maybe some neighbors or friends,who want to cash in on some $$$ real soon.Because in jail she wouldnt be able to spend her money or give some away????she has to be in california for her court settlement I think next month..Its just so strange how this all came about at the time of the BIG payoff.By the way Ericka did not want Shane to have any part of the settlement .and so he agreed to it and went on his own and got 2 million for pain and suffering and taking care of Ericka.You would think she would have been happy for him but she was not she was pissed off and that sent some red flags all over the famly .We all just thought she was nuts or over whelmed by the nearness of becoming rich!!!
Men, do you hear me? It's time to start sticking together. If you haven't figured it out, women are simply oversized children and giving them all this power doesn't make them happy, just makes them demand more. Wake up male America.
Wow I can't believe she walks
I would just like to say that sometimes I enjoy reading the comments due to the fact the 75% of them are written by the political correct faction of Las Vegas and are absolutely INSANE and have NO shred of proof what so ever.
Where in this article or any related articles does it say Domestic Abuse? I will forgo the unproven 'claims' of supposed relatives here and say if this is indeed true that violence existed in this relationship then go to the media and have it confirmed.
16 out of 32 comments here are having conversation back and forth with one another about something that may not even exist in the first place and the real disturbing thing about it is these bloggers think that they are right???!!!
I am so happy I live in a state that these 16 posters have 'their' lives so perfect that they think they can impose their beliefs over the rest of us. Hey, just a thought maybe all you 'perfect' people should start a business to teach the rest of us how to live, you can be the new wave of life coaches.
I on the other hand am betting that at least 14 out of the 16 are complete losers with lousy families/jobs/credit and gambling debts up the arse. With everything I have seen in this town I think I AM correct in "MY" forecasting on you idiots.
I am challenging all of you to do something more productive than sitting here and typing this inane nonsense, why don't you all take your holier than thou supreme intellect and volunteer at something, this way you can really help someone in need instead of spreading fear and hate, that is unless you are all too FAT to break away from your computer chair.
Piece Out!
You are so right, but I will take you up on that bet. It is a tragedy, we are concerned, and the issues of murder, or killing or accidentally shooting your husband with a shotgun after a fight are getting tossed back and forth. Now don't get mad, put that frying pan down,it's just talk back.. The article says she fired a shotgun at the guy after a fight, technically, your right the words were not used.It doesn't say domestic abuse. Good point. These talkbacks I thought were for well, thanks for straightening me out on who I am , and what I need to be doing, with my life, would anyone like me to volunteer over at your house? I can clean guns,and read stories to kids, not at the same time, of course. The voices told me to volunteer, oh was that you, Ok, It's funny, when you said peace out, you said Piece out, like a piece, eg, pistol or some kind of firearm, your very good writer, I love the critisism, I can take it, maybe, I didn't realize we were that badk but your right, some of us a need a life. oops, bad pun.. I use a stool and it's true, I am fat, and a loser, and let's see, stupid, where else am I to go? peace out..
Ericka, may things go well for you and your son. Don't let the other idiots get to you. Shane's family is passing the buck because they are choosing to turn a blind eye and ear to it all.
Best wishes and GOD SPEED TO you and your baby.
you know people could also feel as if Shane's family is just upset because now he's not here for them to use either. Two million dollars any day? Bet they were just waiting to cash in themselves.
I do not do this often,however I feel(as a friend of the family to Shane)I must.I am upset that so many people feel that his family are in it for the money.The truth is his family had pulled away from him becouse of the wife and her moods.Yes they fought just as any other couple does.However what some of you may not know is the number of chances she had that night to call the cops for help and did not.Like when he left the house and she (with the shot gun) went out to the garage to have a smoke.Where was the 911 call then.This was in her own words after she was arrested.Also her mom was in the house and never called 911 but swears that she was scared for her daughters life.So befor everyone starts pointing fingers at Shanes family please understand that although you may think you know what you are talking about,maybe just maybe there is more that you do not know of this story.Shane's family Loved him very much,and are so torn up about all of this.You see not only have they lost a son a brother a uncle and a friend,but they have also lost a grandson,nephew and a cousin.Shanes son will never get to know his father and may never get to know his family.Now tell me who is the one that is suffering the most.
I did much reading all over the web about this story when I saw it on Las Vegas Jailhouse (her arrest). I'm not an expert but #1 they let her go due to no charges filed #2 history of abuse, nothing ever about how she had mood swings #3 no one but the 2 of them know the actual ending so stop judging either way. If the above friends/family members were so direct about things that happened, I'm sorry but the spelling of things in their comments makes me question (browsers have spell check) anyway, most women or even men that kill their spouse are not remorseful and you can see that in their face, fake tears or not. In the end the facts will decide. I don't presume to judge but the obvious here, they let her go, no charges filed.........Come on now, that shows someone or some people know or believe she's innocent. Family members of the deceased, just because he/she is family does not make them always innocent.