District attorney disqualified from toy-box gun case

The Clark County district attorney's office was disqualified Wednesday from prosecuting a Henderson child abuse case because it has a conflict of interest.

Henderson Justice of the Peace David Gibson Sr. said he based his ruling on an "alleged promise" made by Steve Wolfson before he was appointed district attorney in January.

Wolfson was representing Sidney Jacobs in the child abuse case at the time, and Jacobs said Wolfson promised him the Nevada attorney general's office would prosecute the case if he became district attorney.

"We're very happy with the court's ruling," said Jacobs' new attorney, Robert Draskovich. "It was a very well-reasoned opinion, and we are confident the District Court will confirm Judge Gibson's conclusions concerning the conflict of interest."

Chief Deputy District Attorney Frank Coumou said his office "more than likely" will appeal the decision to Clark County District Court.

The conflict issue has been raised in about a dozen cases involving Wolfson's former clients since he took over the helm of the district attorney's office. The office has been disqualified in at least three cases, including Jacobs', and one of those decisions has been appealed to the Nevada Supreme Court.

Representatives of the district attorney's office said Wolfson created an "ethical shield" when he took office in February to separate himself from any cases he had handled as a defense lawyer. Because of that, they argue, other attorneys in the office should be allowed to continue prosecuting those cases.

In March, Wolfson provided all deputy district attorneys in the office's criminal division with a list of 83 pending cases involving former clients. The list did not include Jacobs' name.

Wednesday's ruling will further delay the child abuse case, which stems from the accidental shooting of a 5-year-old boy in Jacobs' home on Sept. 25.

Robert Martin IV, known as "Bobby," was fatally shot by his 11-year-old uncle, who told police he found the gun in a cardboard box labeled "treasure chest" and thought it was a toy.

According to an affidavit signed by Jacobs, 38, Wolfson told him that once he was appointed district attorney, the criminal case would be transferred to the attorney general's office and "could no longer be handled by the Clark County district attorney."

Coumou said the ethical shield prevented him from asking Wolfson whether he had made such a statement.

Gibson appointed the attorney general's office to take over the Jacobs case, although Coumou said state law calls for the appointment of a special prosecutor under such circumstances.

But Gibson said he was reluctant to make taxpayers foot the bill for a special prosecutor.

The judge also denied Coumou's motion to revoke Jacobs' bail. The request was based on the defendant's recent arrest in another felony case.

Jacobs faces a grand larceny charge and is accused of removing property from his former home at 586 Lairmont Place, where the shooting occurred. He lost the home, in the MacDonald Ranch community near Horizon Ridge Parkway and Stephanie Street, through foreclosure.

Coumou also accused Jacobs of trying to intimidate prosecutors, saying the defendant "likes to play the staring game."

"The defendant needs to grow up and start behaving like a man," Coumou said.

Gibson instructed Jacobs to behave himself while out on bail.

At the scene of the September shooting, Jacobs told police he did not know how his handgun had ended up in the room where the boys were playing.

Police found several unsecured firearms in bedrooms at Jacobs' house after the shooting. Jacobs was charged with one count of child abuse and neglect with substantial bodily harm.

Bobby's mother, Cristin Wacaser, had come to the home that day to visit Jacobs' girlfriend and brought the boys with her.

Jacobs' girlfriend, Jessica Corso, told police "there was no way that the gun was in the treasure box" because she had looked in it before the boys arrived.

In a recent interview, Jacobs said all of the other guns in the house belonged to his roommates. He said the 20,000-square-foot home had 13,000 square feet of living space.

Jacobs acknowledged the gun used in the shooting was registered to him. He said it had been missing.

He said he does not understand how he can be charged with child abuse when he was not the boys' caregiver.

Jacobs said he was married for 17 years before he and his wife divorced. They have three children between the ages of 6 and 14.

"My children were trained with weapons," he said.

The profile picture on Jacobs' Facebook page shows his young son posing with what Jacobs described as a fully automatic weapon. Jacobs posted the picture on Sept. 5 with this comment: "God bless the 2nd amendment."

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.