Not Charged/”Turned Down” by the Maricopa County Attorney’s Office | Felony First Degree Murder (Dangerous)

State v. Ms. S (DMC No. 18431)

Phoenix Police Department Investigated (DR No. 20XX-XXXXXXXXXX8)

Ms. S worked at a Senior Care Facility for a number of years. One night, she told her boyfriend that she had intentionally overdosed and “Murdered” an elderly male who was in their hospice care about five years earlier. She stated that he had a DNR (Do Not Resuscitate) order, and heart defibrillator. Every time his heart would stop beating, the internal defibrillator would bring him back to life. She stated that she felt very sorry for him, therefore, she over increased his sedative in order to “put him out of his misery”. 

Ms. S’s boyfriend tape recorded a later version of this conversation, and then he went to Police. When Ms. S found out about this, she secured the services of DM Cantor.

We looked up the Decedent’s name, and found out that there was no Autopsy or Medical Examiner’s Report prepared regarding his death. This is commonplace on the elderly, who are in hospice and who are otherwise dying of “nonsuspicious” reasons. In addition, we had found out that the Phoenix Police Detective had interviewed the Decedent’s family, and they all stated that Ms. S. had taken good care of him. Lastly, there was no evidence of any drugs missing or coming up short during the inventory of their pharmaceutical cabinet that occurred five years earlier. In addition, we Invoked Ms. S’s Rights, and she gave no statements. 

Ultimately, the Police Department sent the case to the Maricopa County Attorney’s Office. They “Declined to file Charges”, as there was No Reasonable Likelihood of Conviction. Had Ms. S been Charged and Convicted, she could have spent her Natural Life in Prison. Instead, she has No Criminal Record.