Las Vegas police officer invokes Fifth Amendment in case against his mother

A Las Vegas police officer whose mother is charged in the shooting of his brother took the Fifth Amendment when called to testify at a preliminary hearing Tuesday.

Chris Cooney told Las Vegas Justice of the Peace William Jansen he believes he is being targeted as an unindicted co-conspirator and was concerned his testimony might incriminate him.

Clark County prosecutors have charged Linda Cooney in the shooting of her other son, Kevin Cooney, after an argument about an ex-girlfriend last year.

Linda Cooney, 64, faces charges of attempted murder, battery with use of a deadly weapon, intimidating a witness and stalking.

Prosecutors have not charged Chris Cooney in the case, but Jansen agreed Cooney could incriminate himself for possibly withholding evidence and said he should consult a lawyer before testifying.

Jansen then delayed his testimony until October.

Chris Cooney is a Metropolitan Police Department patrol officer.

Prosecutor Michael Staudaher said he plans to treat Chris Cooney as a hostile witness when he is called to testify, meaning he can cross-examine the witness under direct questioning.

Kevin Cooney was shot in the neck and paralyzed in June 2011. Authorities said the gun Linda Cooney used to shoot her son was the same one she used to kill his father 21 years ago in Florida. A jury acquitted her in his death thanks in part to testimony from Kevin Cooney, who witnessed the shooting.

Kevin Cooney has not cooperated with authorities, although he told medical staff that his mother shot him, court documents show.

On Tuesday, Donna Hatch, a respiratory therapist who cared for Kevin Cooney after the shooting, testified he was often anxious and needed medical attention after visits from his mother in the hospital. Hatch said that after one such visit, she asked Kevin Cooney what was wrong, and he mouthed to her, "My mom shot me."

Kevin Cooney, who worked as a bouncer at nightclubs on the Strip and downtown, is an incomplete quadriplegic, meaning he has some movement in his arms and legs.

Linda Cooney's lawyers have said she "continues to steadfastly maintain her innocence."

During the preliminary hearing, Jansen will decide whether prosecutors have enough evidence to take the case to trial.

A grand jury had indicted Linda Cooney earlier this year, but the indictment was tossed out in August after a district judge ruled prosecutors presented prejudicial evidence of a previous domestic violence incident between Linda and Kevin Cooney.