VIRGINIA CITY - Charges were dropped against a Storey County woman accused of shooting her husband in the back, but the same charges will be refiled, said District Attorney Harold Swafford on Thursday.
Defense Attorney Tod Young moved to dismiss the charges because his client was arrested without probable cause. Young argued Genevieve Caswell was arrested before anyone knew what happened. The motion prompted Swafford to decide it would be easier to refile the attempted murder charge than argue to keep the arrest.
"When officers went down there they immediately put her in handcuffs. The only thing they based the arrest on was that he had been shot," Swafford said of the Oct. 11 incident in which Caswell's husband, Angelo, was shot in the back in the couple's Jumping Frog Lane home.
"Rather than getting into all of this argument over it, I decided I'll move to dismiss this without prejudice to refile, then go ahead and recharge her with the same crime because we have probable cause now."
According to police documents, Angelo Caswell, 48, was found lying on the kitchen floor with a gunshot wound to his back.
Genevieve Caswell, 48, was on the porch with her hands in the air, 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.
Investigators believe the shooting occurred after the two argued about breaking up.
Swafford said the two have since reconciled and Angelo Caswell claims the shooting was an accident.
"But she made certain statements on the way to jail, that would show that it was not an accident," he said. "The way the shooting happened - it was not an accident."
- Contact reporter F.T. Norton at ftnorton@nevadaappeal.com or 881-1213.