The Storey County district attorney will not refile charges against a woman who allegedly shot her husband last year.
District Attorney Harold Swafford said Thursday that because both parties in the Oct. 11, 2004, incident are saying the shooting was accidental, "I'm not inclined to file anything."
In March, Swafford dismissed an attempted murder charge against Genevieve Caswell after her attorney argued there was not enough probable cause to arrest her in the first place.
At the time, Swafford vowed to refile, saying it would be easier than arguing to keep the arrest.
He has since changed his mind, citing the arresting officer's failure to read Caswell her Miranda warning.
"We don't have any admissible evidence," he said.
Caswell, 48, was charged with attempted murder in the shooting of her husband, Angelo, at the couple's Mark Twain home.
According to police documents, when deputies arrived on report of gunshots, Angelo, 48, was found lying on the kitchen floor with a gunshot wound to his back.
Genevieve Caswell, was on the porch of the Jumping Frog Lane home, allegedly screaming, "I shot my husband. Please get him some help."
A .357 Magnum revolver believed used in the shooting was found on the bedroom floor.
One spent casing and four cartridges remained in the gun.
At the hospital, Angelo allegedly told investigators the shooting was accidental.
Investigators said it happened after an afternoon of drinking and while the two argued about breaking up.
- Contact reporter F.T. Norton at firstname.lastname@example.org or 881-1213.