District attorney’s office disqualified from Henderson child abuse case

A district judge disqualified Clark County prosecutors from handling a Henderson child abuse case related to a fatal shooting because District Attorney Steve Wolfson once represented the defendant.

Judge Stephany Miley on Wednesday disqualified Wolfson and his office based partly on testimony from the defendant, Sidney Jacobs, that he "believed another entity would prosecute him if Mr. Wolfson was appointed" as the new district attorney, according to Miley's ruling.

During a hearing on the issue, Jacobs said he paid Wolfson $8,500 after he was assured a special prosecutor or the state attorney general's office would handle the case if Wolfson was appointed to be district attorney- which happened in January.

Also, defense attorney Robert Draskovich was able to show that a list sent to Wolfson's staff of his former clients' cases did not include Jacobs' name.

Wolfson was to be shielded from any involvement in the cases on the list.

"We're very pleased with the decision," Draskovich said.

"The judge followed the law and was very concerned not only with what screening process was in place but also public perception with the faith and integrity of the prosecutor's office."

Draskovich added that his client was happy with the ruling and "looks forward to the resolution of this case."

A special prosecutor is expected to be appointed later this month.

Defense attorneys have sought to disqualify the district attorney's office because of Wolfson's former role as a defense attorney in more than a dozen cases.

Some judges have ruled to disqualify, some have not.

Miley ruled that considering the totality of the circumstances in Jacobs' case, the district attorney's office should be disqualified.

Meanwhile, Jacobs' child abuse case will be further delayed because of the ruling, which stems from the accidental shooting of a 5-year-old boy in Jacobs' home on Sept. 25, 2011.

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.

At the scene of the 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 has told the Las Vegas Review-Journal that he does not understand how he can be charged with child abuse when he was not the caregiver for the boys.

Contact reporter Francis McCabe at fmccabe@review journal.com or 702-380-1039.