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Nov. 04, 2005
Copyright © Las Vegas Review-Journal


Judge defends her actions preceding suicide of boy

By GLENN PUIT
REVIEW-JOURNAL


A judge who was criticized in the case of a 12-year-old suicide victim said in court Thursday that she and another judicial official repeatedly warned the boy's father to lock up a cache of guns in the child's home, but the court orders were ignored.

"I'm deeply disturbed the order was not followed," Family Court Judge Cheryl Moss said of her demand that the boy's father, Geoffrey Wells, secure the weapons.

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Moss also said that the suicide of Wells' son, Syber, in August was a profound tragedy, but that she could not have known such a scenario was going to unfold in the custody case she is presiding over.

"This case has also personally affected me. ... I wish I had a crystal ball," Moss said. "It would make my decisions easier."

Syber Wells fatally shot himself in August with a 12-gauge shotgun at his father's home on West Basic Road in Henderson. When police inspected the home, they found nine unsecured firearms in the residence.

Geoffrey Wells was charged with child abuse neglect, and in District Court on Wednesday, he pleaded guilty to a gross misdemeanor count of child endangerment.

He is expected to receive probation when he is sentenced in December.

The boy's suicide occurred in the midst of a heated custody dispute between Geoffrey Wells and his estranged wife, Maria, over the care of the couple's three children.

After Syber shot himself, Maria Wells and her attorney, Randall Roske, said they repeatedly had complained to Moss that Geoffrey Wells was exposing the children to guns. They said they told Moss of a videotape that Maria Wells had made before leaving her husband. The videotape showed numerous firearms in the family's home well within reach of the children.

Roske and Maria Wells said Moss never watched the videotape and seemed not to show interest in the premise that the children were in danger because of the unsecured guns.

According to videotape of the Family Court proceedings in April, Geoffrey Wells promised the judge that the guns were secure and that the children were part of a military family trained in gun safety. Moss subsequently agreed to give Geoffrey and Maria Wells joint legal custody of the three children.

"I don't see a problem with the gun issues," Moss said at the time. "As long as the kids are, I guess they're trained as a military family, grow up like that, it's kind of a unique situation."

In court Thursday, Moss said she was dismayed that the guns were left unsecured despite her telling Geoffrey Wells that they needed to be locked up. She also said a hearing master, in issuing a temporary protective order in the case, explicitly ordered Geoffrey Wells to keep the guns locked up as well.

"I made a point to ask if the guns were secured," Moss said.

Moss said Geoffrey Wells and his attorney, Gerard Bongiovanni, both told her that the guns were secured.

"You (Bongiovanni) stated the guns are locked up," Moss said. "The dad stated the guns are locked up. I was going on the father's (representations)."

Moss also said she never was asked specifically by Maria Wells or Roske to watch the tape, although she was made aware of it.

Bongiovanni said in court Thursday that Geoffrey Wells admits not locking up the guns. But, he said, Maria Wells is trying to blame the suicide entirely on Geoffrey Wells in media accounts and in court, and that simply is not fair.

"She's trying to poison everyone's minds, that he's a direct cause of this," Bongiovanni said.

"These parties have lived this way for years, with weapons around the house," Bongiovanni said. "She (Maria Wells) took part. She went out and shot weapons.

"They (the children) were accustomed to this all their lives," Bongiovanni said. "They grew up with these guns."

Roske then got emotional as he claimed that Bongiovanni was trying to blame Maria Wells for the suicide. He also recounted to the judge how Maria Wells called him shortly after the suicide, saying 'Will you protect my children?'"

"Well, I feel like I didn't do a very good job of that, and I'm sorry," Roske said, choking back tears.

Others were observed weeping in the courtroom as well, including a court staffer and Geoffrey Wells.

At the conclusion of the hearing, Moss issued an order granting Maria Wells temporary sole legal custody of the couple's two surviving children, ages 10 and 8.

Moss also ordered that Geoffrey Wells can have no contact with his children for now; she fined him $1,000 for not locking up his guns; she ordered that he pay in excess of $5,000 in the burial costs of his son; and she ordered that any other guns he possesses be accounted for and turned into police.

"I'm happy," Maria Wells said afterward. "My kids are safe for now."


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