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twitterPoor health prompts release of man accused in wife’s shooting
Mona Shield Payne / Special to the Sun
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. Woods is facing a murder charge in connection with the shooting death of his wife, Kay, 80, in September.
Tuesday, Oct. 27, 2009 | 4:38 p.m.
Sun coverage
An 86-year-old man in ailing health accused of fatally shooting his wife before shooting himself has been released from the Clark County Detention Center.
After a ruling Tuesday by Justice of the Peace Nancy Oesterle, Joseph C. Woods was released to a local nursing home, said his attorney, public defender Dan Silverstein.
Woods, who suffers from numerous health problems, as well as injuries caused by the self-inflicted gunshot wound, was foundering in jail custody, Silverstein said.
“It was clear that if he remained in jail much longer he wasn’t going to make it,” he said.
Silverstein said his client is taking dozens of prescriptions to treat a variety of serious health issues.
Oesterle was concerned that Woods might still be in danger of hurting himself and ordered that Woods have a psychological evaluation. That evaluation found that if he was in a monitored facility, such as a nursing home, he wouldn’t be a risk, Silverstein said.
While incarcerated, Woods was transported to University Medical Center on more than one occasion to be treated for health problems. Because he was an inmate, he couldn’t have contact with family members and there were problems transferring medical records back and forth, Silverstein said.
“It was clear he wasn’t a flight risk – he’s in a wheelchair,” he said.
Silverstein noted that Woods fainted during one hearing and had to be removed from the courtroom.
The District Attorney’s office wouldn’t comment today on Woods’ release.
Woods is accused of shooting his wife, Kay, then himself Sept. 23 in the bedroom of their home at 1808 S. 10th St. in an attempt to end both of their lives, according to court documents. Both suffered from serious health problems.
The couple's children found them the next morning. Joseph was breathing but Kay was dead, an arrest report indicated.
Discussion: 18 comments so far…
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It's about time. The DA should just drop the charges and leave him alone.
Agreed. Just let him go.
How is the community served by convicting him? By having us pay his end-of-life medical bills in prison?
Maybe the judge, if he/she can't suspend the sentence, should direct the funds for medical care to come out the DA's budget instead the Department of Corrections. That might make them think twice.
Guy's a killer not sure what you all want...
I concur with Shannon, Vegasguy and ScottNV. It's about time Judge Oesterle made the only rational decision possible in this case. The next question is whether, due to Mr. Silverman's physical--and let's face it, probably mental--infirmities, whether he can assist his counsel sufficiently in his own defense. My guess from what has been reported is that he probably can't, which would enable everyone to have a face-saving exit from this debacle of justice.
I wonder if this is a case of Murder or a case of true love.
If this is what they both wanted.
The deed would be a Mighty Brave thing to do for a wife that he loved so much.
LawyerGal, who's Mr. Silverman?
He should be allowed to go home only to family. What kind of facility would want the responsibility of taking care of a killer?
Maybe he would want to die if he had a choice.
The system can't afford 24/7 armed guards to watch this man that can't remember 5 minutes ago let alone where his wife is!
Great decision.
Let him go. David Roger should spend his resources finding the $35 million missing from UMC...what happened to Lacey Thomas there Mr. DA?
Let this man go...good for Judge Oesterle and Dan Silverstein.
Are there not secure medical facilities in Las vegas? Secured hospital wards?
How would you like to have a relative in the nursing home he goes to?
What he did was wrong and to put in a population of very vulnerable people. He needs to be placed is a secured medical facility.
Like so many other suffering, aging Americans simply wanting to die, Joe needs assistance.
As Nevada has assisted those seeking ease of marriage/divorce it should also accommodate those seeking a quick painless death.
Last stop Las Vegas, Nevada make your reservations now.
: )
Charlie Manson is mentally ill, he is physically deteriorating and is languishing in jail under a life,no parole sentence. Poor man has no real family and no one to care or love him. Maybe we should release him on his own recognizance to Judge Nancy Osterele..she has sooo much compassion...!!!
Maybe Charlie could then show Judge Nancy the same compassion he showed those that he is responsible for slaughtering years ago. Now, that would be justice and compassion carried out by Charlie M! How about having your throat slit and being disembowled after multiple stabbings by someone like Charlie M. I think that would work, don't you judge?
This situation resolved by the judge is not a case of compassion but another case of liberal justice from mush melon brains and confused mental state of our judges. Tell me why he could not be under house arrest and placed in the custody of his family, medical bills and all... Let them pay for his terminal illness...we had nothing to do with that...
Feeling sympathy for someone is one thing, but to circumevent the law under the guise of 'compassion' is a travesty. Maybe this man should not be confied to jail but to completely dismiss the case and laws under the guise of judicial compassion is plain old American Bull S***!!!!!
When my father was 93 and confined at home no one offered to buy him a sandwich let alone the wheel chair he needed to get around. I paid for it and I supported and cared for my father WITHOUT OUTSIDE HELP. This man's family should do the same thing whether he is physically and mentally decrepit or not. It is not our responsibility....let them pay for his care UNDER HOUSE ARREST!
Sounds like he needs a hospice more than a nursing home.
Good grief, Virgil, get a grip! This is a man who is seriously ill as was his wife. She apparently tried to kill herself twice before. It appears that this was something they decided to do together. They were/are old and sick. People in that situation should be allowed to determine what to do with their own lives.
OMG !!!!!! You people..the guy is 86 yrs old..he and his wife wanted to end their lives, with medical conditions and all...if they ever passed the law about assisted suicide (Dr Kevorkian) alot of people would do it..Being 86 yrs old - he is not a flight risk, he isnt going to kill other people in the nursing home. Let him go and go chase after the child killers and molesters..how many of you have had releatives with serious medical conditions where THEY BEGGED you to do something..I have - a brother who had cancer -- ultimately died at 22yrs old with a Baseball scholarship to college..he pleaded us to help him end his life...enough said on my part..
Like the abortion debate this comes down to the same threshold point -- where does society or government get the authority to interfere with personal privacy and the personal choices one is at liberty to make?
I've got to side with Shannonk, vegasguy11, ScottNV, et al. -- there was no crime here. Just because our society can't seem to deal rationally with the people at the end of their lives trying to do the best they can is no reason to waste dwindling public resources punishing this man. He obviously lacked the intent to commit any crime. Let him at least conclude his life with dignity.